CONFEDERATION OF EX-SERVICEMEN ASSOCIATIONS AND ORS. versus UNION OF INDIA AND ORS.

CONFEDERATION OF EX-SERVICEMEN ASSOCIATIONS AND ORS. versus UNION OF INDIA AND ORS.

The Ex-Servicemen Contributory Health Scheme, 2002 (ECHS) is legal, valid, intra vires, and constitutional. Classification between ex-servicemen and in-service personnel or between defence and civilian retirees is reasonable and does not violate Articles 14 or 21. Asking ex-servicemen to make a 'one time contribution' for medical benefits neither violates Part III nor Part IV of the Constitution. Getting free and full medical facilities is not a fundamental right of ex-servicemen.

Parties
Petitioner: Confederation of Ex-Servicemen Associations; Respondent: Union of India
Jurisdiction
India
Judgment Date
22 August 2006
Procedural Posture
Writ Petition Under Article 32, Public Interest Litigation / Final Judgment
Outcome
writ petition partly allowed
Legal Topics
Equality Before Law, Fundamental Rights, Right to Medical Aid, Classification, Legitimate Expectation
Constitutional Law Administrative Law Equality Before Law Fundamental Rights Right to Medical Aid Classification Legitimate Expectation

Case Brief

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Parties

Confederation of Ex-Servicemen Associations

Petitioner

Union of India

Respondent

Procedural Posture

Writ Petition Under Article 32, Public Interest Litigation / Final Judgment

Legal Issues

  1. 1 Whether asking ex-servicemen to pay a contribution for medical benefits violates Articles 14 and 21 of the Constitution
  2. 2 Whether full and free medical aid is a fundamental right for ex-servicemen
  3. 3 Whether the doctrine of legitimate expectation applies to withdrawal or denial of medical services to ex-servicemen

Ratio Decidendi

The Ex-Servicemen Contributory Health Scheme, 2002 (ECHS) is legal, valid, intra vires, and constitutional. Classification between ex-servicemen and in-service personnel or between defence and civilian retirees is reasonable and does not violate Articles 14 or 21. Asking ex-servicemen to make a 'one time contribution' for medical benefits neither violates Part III nor Part IV of the Constitution. Getting free and full medical facilities is not a fundamental right of ex-servicemen.

Court Disposition

writ petition partly allowed

Orders

  • Ex-servicemen Contributory Health Scheme, 2002 (ECHS) held legal, valid, intra vires, and constitutional.
  • Government directed either to waive the contribution amount or pay such amount on behalf of ex-servicemen who retired prior to January 1, 1996 and wish to avail medical benefits under ECHS.