The High Court · 2025

National Federation of Pensioners of AYUSH Councils (NFPAC), Rep. by its Regional Secretary, Mr. V. Muni Babu Reddy, S/o. V. Muni Krishna Reddy, Aged about 68 years, Occ. Retired Employee, R/o. H.No. 1-8-1112, Ravindra Nagar Colony, Habsiguda, Hyderabad - 500 007, T.S. RESPONDENT Petition Ljnder Article 226 of the Constitution of lndia praying that in the circumstances :stated in the affidavit fired therewith, the High court may be pleased to issue an order/ writ in the nature of certiorari, calling for the records of the orders passed in o.A.t021t2gl2o23 vide orders dated 22.12.2023 by Hon,ble central Administrative Tribunal-Hyderabad and set aside the same. |.A.NO:1 OF 202! ' Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to stay all further proceedings in pursuance of oA.No.021 12gt2023 vide orders dated 22j22023 by [-{on'ble Central Administrative Tribunal- Hvderabad, pending disposal of the present writ petition. counsel for the Petitioners : Ms. L.PRANATHI REDDY, Learned Gounsel representing learned Additionat solicitor Generat Counsel for the Respondents : -- The Court made the foltowing ORDER i l THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HON'BLE SRI JUSTICE VAKITI RAMAKRISHNA REDDY w 19o25 5 QBDEB: (Per the Hon'ble Si Justice Abhbnnd Kunar Slwuitil Aggrieved by the order dated 22.12.2023 passed in o.A.No.29 of 2023 by the central Administrative Tribunal, Flyderabad Bench, Hyderabad (for short, the Tribunal,), the present Writ petition is filed.

2. Heard Ms. L. pranathi lleddy, learned counsel representing learned Additional Solicitor General, appearing for the pctitioners.

3. Learned counsel appearing for the petitioners had contended that the respondent is the lNational Federation of pensioners of AYUSH councils' (NFPAC), which looks after the welfare of the pensioners and family pensionr:rs. The respondent was contending that the centrai Government Health Scheme (CGHS) benefits were not extended to the retired employees i.e., all the pensioners ancl the lamily pensioners. when the case of the 'l i ! i i i I I I I I I I I i i 2 l,l<s,J & vlil(l<'J wp- 19025-2025 re sPond ent-Federation was not considered bY the petitioners, the respondent-Federation had approached the Tribunal b1r filing O'A'No'29 of 2023, contending that earlier, the Tribunal had decided a similar matter concerning one of the five research councils under the Ministry of AYUSH, namely' the Central (louncil for Rescarch irr Unani Medicine (CCRUM)' Hyderabad' where similarly situated persons had filed O'A'No'6'92 of 2Ol7 erncl the said O'A' was disposed of by the Tribunal on 14.OB.2Ol()- Challenging the said O'A'' the Union Government had filed W'P'No'5298 of 2021 before the Fligh Cor-rrt and the sarne was dismissed on 13'07 '2021 confirming the ord'er, dated l4'OB'2Olg passed by the Tribunal in O'A'No'692 of 2Ol7 '

4.l,earnedcounselfurthercontendedthattheTribunal' initsearlierdecisionregardingtheCouncilforResearchin Unani Me'dicine, had' erroneously aliowed the O'A' in favouroftheretiredemployees'withoutappreciatingthe fact thal- the retired' employees have not contributed anythingtotheCGHscheme.Sincethereti:redemployees ::3 AKS,J & VRKR,.' wp 19025 :20.2:i had not made any contribution to the CGHS, and as the Federation is not covered under the Scheme, the extension o1- CGHS benefits to them would not arise. This fact was not brought to the notice of the Tribunal on the earlier ociasion, hence, Tribunal had erroneously decided O.A.No.692 of 2017. Learned counsel had further contended that the respondent-Federation has filed the Contempt Petition before the Tribunal, which is listed today 'for compliance'. If the orders passed by the Tribunal are not set aside, the petitioners would be put to ir:reparable loss and hardship. Therefore, appropriate orders be passed in the Writ Petition by setting aside thc order dated 22.12.2023 passed by the Tribunal in O.A.No.29 of 2023 and allow the Writ Petition.

5. This Court, having considered the submissions rnade by the learned counsel for the petitioners, is of the view that the Tribunal in O.A.No.692 of 2Ol7 had already adjrrdicated the issue and passed the order on 14.08.2O1c), hol<ling that retired employees of the unani stream undcr t he Ministry of AYUSH (similarly situated persons) are --.--- - 'j \. t\- 'I \. AKS,.J & VRKR,J. \w-19025-2025 4 entitlerl to CGHS benefits and the said o:rder was upheld by the: High court in w.P.No.529B or 2,021 vide order, - dated 13.O7.2O21. When the Unani Department of AYUSH was already held to be covcred under the 'CGHS as per the Triburral's ord"er, which was confirmed by the High Court, the Tribunal was justified in allowing O.A. No. 29 of 2023 in favour of the respondent-Federation. Il the arguments of the petitioner are to be accepted, then it vrould be violati"'cr of Article 14 of the Constitution of India, ers it would result in riiffr:rential treatment of similariy situated persons' The rr:spondent-Federation also falls under the Ministry of AYUSf{, which encompasses Ayurveda and other allied lndiarr medicine systems. l-lence, the Tribu'nal was justified in allowing the subject o.A. in favour of'the respondent. 'lherefbre, this Court is not inclined to interfere with thc orders; passed by the 'lribunal. However, the petitioners arc granted another eight (B) weeks' time to comply rx'ith thc ord.ers passed by the Tribunal. The T'ribunal shall not procer:ld with the Contempt proceedirrgs against the petiti<>ners during this period of eight (8) rveeks. AKS,J & VRKR,.I wp-19025.-2O).5 6' with the above observation, the writ petition is dismissed. There shall be no orcler as to costs. 7 ' As a sequel, misceraneous applications pending ir ooy, shall stand closed. /ffRUE COPY/ Sd/-A.JAYASREE ASSISTANT REGISTRAReSECTION OFFICER To SA

1. Regional Secretary, National Federation of Pensioners of AYUSH Councils (NFpAC), Mr. V. Muni Babu Reddy, S/o. V. Muni Krishna Reddy, Aged about bO years, Occ. Retired Employee, R/ o. H.No. 1-8-1112, Ravindra Nagar Colony, Habsiguda, Hyderabad - 500 007, T.S.

2. One CC to SRI L.PRANATHI REDDY (Sr SC FOR CENTRAL GOVT) Advocate [OPUC]

3. Two CD Copies (tr ..t * iiIf, HIGH COURT DATED:0710812025 ORDER WP.No.19025 of 2025 U \ * 'ti:, i S14 rt- 0 3 Dir 20fr (i\ a- ,::. i,-:.r l i ilt-) -a DISMISSING THE W.P WITHOUT COSTS. t*-('t"I