Cw / 41013U / 2025Union Of India vs Rajkumar Sharma S/O Banwari Lal Sharma … on 21 April, 2026

    0
    22
    ADVERTISEMENT

    Rajasthan High Court – Jaipur

    Urn: Cw / 41013U / 2025Union Of India vs Rajkumar Sharma S/O Banwari Lal Sharma … on 21 April, 2026

    [2026:RJ-JP:16914-DB]
    
            HIGH COURT OF JUDICATURE FOR RAJASTHAN
                        BENCH AT JAIPUR
    
                    D.B. Civil Writ Petition No. 18057/2025
    
    1        Union Of India, Represented By The Secretary, Ministry Of
             Health And Family Welfare (Department Of Health),
             Nirman Bhavan, New Delhi-110001.
    2        The Additional Secretary And Director General, Central
             Government Health Services, Nirman Bhawan, Maulana
             Azad Road, New Delhi-110001.
    3        The Director Of Central Government Health Services,
             Nirman Bhawan, Maulana Azad Road, New Delhi-110001.
    4        Additional Director (Hq), Central Government Health
             Services, Kendriya Seva Sadan, Vidhyadhar Nagar, Jaipur-
             302039.
                                                                         ----Petitioners
                                           Versus
    Gauri Shankar S/o Shri Gulla Ram, Aged About 62 Years, R/o P.
    No. 32, Ganesh Vihar, Bear Road, Jaipur. Presently Retired From
    The Post Of Superintendent Post Offices O/o Cpmg Rajasthan On
    30.6.2020. Group-B.
                                                                        ----Respondent
                                     Connected With
                    D.B. Civil Writ Petition No. 17763/2025
    1        Union Of India, Represented By The Secretary, Ministry Of
             Health And Family Welfare (Department Of Health),
             Nirman Bhavan, New Delhi- 110001
    2        The Additional Secretary And Director General, Central
             Government Health Services, Nirman Bhawan, Maulana
             Azad Road, New Delhi-110001
    3        The Director Of Central Government Health Services,
             Nirman Bhawan, Maulana Azad Road, New Delhi-110001
    4        Additional     Director       (Hq)     Central       Government     Health
             Services, Kendriya Seva Sadan, Vidhyadhar Nagar, Jaipur-
             302039
                                                                         ----Petitioners
                                           Versus
    Banwari Lal Kumhar S/o Shri Govind Ram, Aged About 65 Years,
    R/o Behind City Dispensary No. 2, Tilak Nagar, Gali No. 4, Sikar,
    
    
                             (Uploaded on 30/04/2026 at 02:56:32 PM)
                            (Downloaded on 09/05/2026 at 05:42:03 AM)
     [2026:RJ-JP:16914-DB]                  (2 of 19)                      [CW-18057/2025]
    
    
    Rajasthan, Presently Retired From The Post Of Sr. Pm O/o
    Postmaster General, Ajmer On 31/7/2017. Group-B
                                                                        ----Respondent
                    D.B. Civil Writ Petition No. 18077/2025
    1.       Union Of India, Represented By The Secretary, Ministry Of
             Health And Family Welfare (Department Of Health),
             Nirman Bhavan, New Delhi-110001.
    2        The Additional Secretary And Director General, Central
             Government Health Services, Nirman Bhawan, Maulana
             Azad Road, New Delhi- 110001
    3        The Director Of Central Government Health Services,
             Nirman Bhawan, Maulana Azad Road, New Delhi- 110001.
    4        Additional Director (Hq), Central Government Health
             Services, Kendriya Seva Sadan, Vidhyadhar Nagar, Jaipur-
             302039
                                                                         ----Petitioners
                                           Versus
    Kamlesh Kumar Sharma S/o Shri Sita Ram Sharma, Aged About
    61 Years, R/o 105-B, Ranapratap Nagar, Jhotwara, Jaipur.
    Presently Retired From The Post Of Postman, O/o Sr. Suptd.,
    Rms Jp Division, Jaipur, Group-C.
                                                                        ----Respondent
                    D.B. Civil Writ Petition No. 18078/2025
    1.       Union Of India, Represented By The Secretary, Ministry Of
             Health And Family Welfare (Department Of Health),
             Nirman Bhavan, New Delhi-110001.
    2        The Additional Secretary And Director General, Central
             Government Health Services, Nirman Bhawan, Maulana
             Azad Road, New Delhi- 110001
    3        The Director Of Central Government Health Services,
             Nirman Bhawan, Maulana Azad Road, New Delhi- 110001.
    4        Additional Director (Hq), Central Government Health
             Services, Kendriya Seva Sadan, Vidhyadhar Nagar, Jaipur-
             302039
                                                                         ----Petitioners
                                           Versus
    Ashok Kumar Sharma S/o Shri Matadeen Mishra, Aged About 60
    
    
                             (Uploaded on 30/04/2026 at 02:56:32 PM)
                            (Downloaded on 09/05/2026 at 05:42:03 AM)
     [2026:RJ-JP:16914-DB]                  (3 of 19)                      [CW-18057/2025]
    
    
    Years, R/o Near P.no. 186, Maruti Nagar, Airport Road, Sanganer,
    Jaipur. Presently Retired From The Post Of Postman, Department
    Of Posts, Rajasthan Circle, Jaipur. Group- C
                                                                        ----Respondent
                    D.B. Civil Writ Petition No. 18079/2025
    1.       Union Of India, Represented By The Secretary, Ministry Of
             Health And Family Welfare (Department Of Health),
             Nirman Bhavan, New Delhi-110001.
    2        The Additional Secretary And Director General, Central
             Government Health Services, Nirman Bhawan, Maulana
             Azad Road, New Delhi- 110001
    3        The Director Of Central Government Health Services,
             Nirman Bhawan, Maulana Azad Road, New Delhi- 110001.
    4        Additional Director (Hq), Central Government Health
             Services, Kendriya Seva Sadan, Vidhyadhar Nagar, Jaipur-
             302039
                                                                         ----Petitioners
                                           Versus
    Hanuman Sahai S/o Shri Radha Kishan, Aged About 70 Years,
    R/o-     Village-Khijuria,      Post-Jhadla,         Via-Madhorajpura,       Tehsil-
    Phagi,    District-Jaipur.      Presetly       Retired       From   The   Post   Of
    Postman, O/o- Sr. Supdt. Rms, Jp Division, Jaipur, Group-C
                                                                        ----Respondent
                    D.B. Civil Writ Petition No. 18082/2025
    1.       Union Of India, Represented By The Secretary, Ministry Of
             Health And Family Welfare (Department Of Health),
             Nirman Bhavan, New Delhi-110001.
    2        The Additional Secretary And Director General, Central
             Government Health Services, Nirman Bhawan, Maulana
             Azad Road, New Delhi-110001.
    3        The Director Of Central Government Health Services,
             Nirman Bhawan, Maulana Azad Road, New Delhi-110001.
    4        Additional Director (Hq), Central Government Health
             Services, Kendriya Seva Sadan, Vidhyadhar Nagar, Jaipur-
             302039.
                                                                         ----Petitioners
                                           Versus
    
    
                             (Uploaded on 30/04/2026 at 02:56:32 PM)
                            (Downloaded on 09/05/2026 at 05:42:03 AM)
     [2026:RJ-JP:16914-DB]                  (4 of 19)                      [CW-18057/2025]
    
    
    Suraj Mal Bunkar S/o Shri Ganesh Ram Bunkar, Aged About 68
    Years, R/o Vpo Sirsali, Tehsil Amer, Jaipur, Rajasthan. Presently
    Retired From The Post Of Sr. Auditor O/o Director P And T Audit
    Office Jaipur On 31/3/2014. Group-C.
                                                                        ----Respondent
                    D.B. Civil Writ Petition No. 18083/2025
    1.       Union Of India, Represented By The Secretary, Ministry Of
             Health And Family Welfare (Department Of Health),
             Nirman Bhavan, New Delhi-110001.
    2        The Additional Secretary And Director General, Central
             Government Health Services, Nirman Bhawan, Maulana
             Azad Road, New Delhi-110001.
    3        The Director Of Central Government Health Services,
             Nirman Bhawan, Maulana Azad Road, New Delhi-110001.
    4        Additional Director (Hq), Central Government Health
             Services, Kendriya Seva Sadan, Vidhyadhar Nagar, Jaipur-
             302039.
                                                                         ----Petitioners
                                           Versus
    Rajendra Singh S/o Shri Bhanwar Singh, Aged About 62 Years,
    R/o 123 Rajput Colony, Durgapura, Jaipur. Presently Retired
    From The Post Of M.t.s. O/o Sr. Superintendent Of Post Offices,
    City Div., Jaipur On 31/10/2020, Group-D
                                                                        ----Respondent
                    D.B. Civil Writ Petition No. 18089/2025
    1.       Union Of India, Represented By The Secretary, Ministry Of
             Health And Family Welfare (Department Of Health),
             Nirman Bhavan, New Delhi-110001.
    2        The Additional Secretary And Director General, Central
             Government Health Services, Nirman Bhawan, Maulana
             Azad Road, New Delhi- 110001
    3        The Director Of Central Government Health Services,
             Nirman Bhawan, Maulana Azad Road, New Delhi- 110001.
    4        Additional Director (Hq), Central Government Health
             Services, Kendriya Seva Sadan, Vidhyadhar Nagar, Jaipur-
             302039
                                                                         ----Petitioners
    
    
                             (Uploaded on 30/04/2026 at 02:56:32 PM)
                            (Downloaded on 09/05/2026 at 05:42:03 AM)
     [2026:RJ-JP:16914-DB]                  (5 of 19)                      [CW-18057/2025]
    
    
                                           Versus
    Suresh Kumar Meena S/o Shri Gr Meena, Aged About 62 Years,
    R/o A-29, Shiv Shakti Nagar, Jagatpura Road, Jaipur. Presently
    Retired From The Post Of Supervisor, O/o Ag Audit Rajasthan,
    Jaipur. Group B
                                                                        ----Respondent
                    D.B. Civil Writ Petition No. 18096/2025
    1.       Union Of India, Represented By The Secretary, Ministry Of
             Health And Family Welfare (Department Of Health),
             Nirman Bhavan, New Delhi-110001.
    2        The Additional Secretary And Director General, Central
             Government Health Services, Nirman Bhawan, Maulana
             Azad Road, New Delhi-110001.
    3        The Director Of Central Government Health Services,
             Nirman Bhawan, Maulana Azad Road, New Delhi-110001.
    4        Additional Director (Hq), Central Government Health
             Services, Kendriya Seva Sadan, Vidhyadhar Nagar, Jaipur-
             302039.
                                                                         ----Petitioners
                                           Versus
    Roshan Lal Gurjar S/o Shri Chuttan Lal, Aged About 61 Years,
    R/o 169, Tara Nagar-A, Khirni Fatak, Ganga Path, Jhotwara,
    District Jaipur. Presently Retired From The Post Postman O/o Sr.
    Supdt. Of Post Offices, City Div., Jaipur.
                                                                        ----Respondent
                    D.B. Civil Writ Petition No. 18101/2025
    1.       Union Of India, Represented By The Secretary, Ministry Of
             Health And Family Welfare (Department Of Health),
             Nirman Bhavan, New Delhi-110001.
    2        The Additional Secretary And Director General, Central
             Government Health Services, Nirman Bhawan, Maulana
             Azad Road, New Delhi-110001.
    3        The Director Of Central Government Health Services,
             Nirman Bhawan, Maulana Azad Road, New Delhi-110001.
    4        Additional Director (Hq), Central Government Health
             Services, Kendriya Seva Sadan, Vidhyadhar Nagar, Jaipur-
             302039.
    
    
                             (Uploaded on 30/04/2026 at 02:56:32 PM)
                            (Downloaded on 09/05/2026 at 05:42:03 AM)
     [2026:RJ-JP:16914-DB]                  (6 of 19)                        [CW-18057/2025]
    
    
                                                                           ----Petitioners
                                           Versus
    Rajkumar Sharma S/o Banwari Lal Sharma, Aged About 62
    Years, R/o 113-D, Mangal Nagar, Sirsi Road, Panchyawala, Jaipur.
    Presently Retired From The Post Of Postmaster, Superintendent
    Of Post Offices, Jaipur Mofussil Div., Jaipur Group-B
                                                                          ----Respondent
                    D.B. Civil Writ Petition No. 18758/2025
    1.       Union Of India, Represented By The Secretary, Ministry Of
             Health And Family Welfare (Department Of Health),
             Nirman Bhavan, New Delhi.
    2        The Additional Secretary And Directro General, Central
             Government Health Services, Nirman Bhawan, Maulana
             Azad Road, New Delhi.
    3        The    Director      General        Government             Health   Services,
             Nirman Bhawan, Maulana Azad Road, New Delhi.
    4        Additional Director (Hq), Central Government Health
             Services, Kendriya Seva Sadan, Vidhyadhar Nagar, Jaipur
                                                                           ----Petitioners
                                           Versus
    Daulat Singh Bhati S/o Late Shri Sohan Singh Bhati, Aged About
    61 Years, R/o A-47, Chandra Vatika, Near Rangoli Garden,
    Gandhi Path, Jaipur. Presently Retired 31/12/2020 From The Post
    Of Section Supervisor, O/o Chief Post Master General, Rajasthan
    Circle, Jaipur. Group B.
                                                                          ----Respondent
                    D.B. Civil Writ Petition No. 19160/2025
    1.       Union Of India, Represented By The Secretary, Ministry Of
             Health And Family Welfare (Department Of Health),
             Nirman Bhavan, New Delhi- 110001.
    2        The Additional Secretary And Director General, Central
             Government Health Services, Nirman Bhawan, Maulana
             Azad Road New Delhi-110001
    3        The Director Of Central Government Health Services,
             Nirman Bhawan, Maulana Azad Road, New Delhi-110001.
    4        Additional Director (Hq), Central Government Health
             Services, Kendriya Seva Sadan, Vidhyadhar Nagar, Jaipur
    
    
                             (Uploaded on 30/04/2026 at 02:56:32 PM)
                            (Downloaded on 09/05/2026 at 05:42:03 AM)
     [2026:RJ-JP:16914-DB]                  (7 of 19)                      [CW-18057/2025]
    
    
             302039
                                                                         ----Petitioners
                                           Versus
    Satish Chandra Yadav S/o Shri Ram Pratap Yadav, Aged About
    61 Years, R/o 50, Barodiya Basti, Arvind Nagar, Near Railway
    Station, Jaipur. Presently Retired From The Post Of Pa O/o Sr.
    Supdt. Post Offices, City Division, Jaipur On 31/3/2021 Group-B
                                                                        ----Respondent
                    D.B. Civil Writ Petition No. 19822/2025
    1.       Union Of India, Represented By The Secretary, Ministry Of
             Health And Family Welfare (Department Of Health),
             Nirman Bhavan, New Delhi- 110001
    2        The Additional Secretary And Director General, Central
             Government Health Services, Nirman Bhawan, Maulana
             Azad Road, New Delhi- 110001
    3        The Director Of Central Government Health Services,
             Nirman Bhawan, Maulana Azad Road, New Delhi- 110001
    4        Additional Director (Hq), Central Government Health
             Services, Kendriya Seva Sadan, Vidhyadhar Nagar, Jaipur-
             302039
                                                                         ----Petitioners
                                           Versus
    Bharat Kumar Sharma S/o Shri Nanagram Sharma, Aged About
    63 Years, R/o 312/368, Sector-3, Pratap Nagar, Sanganer, Jaipur.
    Presently Retired From The Post Of Postman, O/o Sr. Supdt. Of
    Post Offices, City Div., Jaipur Group- B.
                                                                        ----Respondent
                    D.B. Civil Writ Petition No. 19823/2025
    1.       Union Of India, Represented By The Secretary, Ministry Of
             Health And Family Welfare (Department Of Health),
             Nirman Bhavan, New Delhi- 110001
    2        The Additional Secretary And Director General, Central
             Government Health Services, Nirman Bhawan, Maulana
             Azad Road, New Delhi- 110001
    3        The Director Of Central Government Health Services,
             Nirman Bhawan, Maulana Azad Road, New Delhi- 110001
    4        Additional Director (Hq), Central Government Health
    
    
                             (Uploaded on 30/04/2026 at 02:56:32 PM)
                            (Downloaded on 09/05/2026 at 05:42:03 AM)
     [2026:RJ-JP:16914-DB]                  (8 of 19)                      [CW-18057/2025]
    
    
             Services, Kendriya Seva Sadan, Vidhyadhar Nagar, Jaipur-
             302039
                                                                         ----Petitioners
                                           Versus
    Bhanwar Lal Mahabrahman S/o Shri Ram Lal Mahabrahman,
    Aged About 62 Years, R/o Matrachhaya, Gayatri Nagar, Vande
    Matram Chowk, Radha Kishanpura, Sikar, Rajasthan. Presently
    Retired From The Post Of Apm O/o Superintendent Post Offices,
    Sikar Division, Sikar Group- B
                                                                        ----Respondent
                    D.B. Civil Writ Petition No. 19825/2025
    1.       Union Of India, Represented By The Secretary, Ministry Of
             Health And Family Welfare (Department Of Health),
             Nirman Bhavan, New Delhi- 110001
    2        The Additional Secretary And Director General, Central
             Government Health Services, Nirman Bhawan, Maulana
             Azad Road, New Delhi- 110001
    3        The Director Of Central Government Health Services,
             Nirman Bhawan, Maulana Azad Road, New Delhi- 110001
    4        Additional Director (Hq), Central Government Health
             Services, Kendriya Seva Sadan, Vidhyadhar Nagar, Jaipur-
             302039
                                                                         ----Petitioners
                                           Versus
    Mohd. Idris Ansari S/o Shri Mohd Ilyas Ansari, Aged About 62
    Years, R/o 176, Rai Colony, New Govt. School, Hasanpura-C,
    Jaipur. Presently Retired From The Post Of Office Superintendent,
    O/o Cpmg, Rajasthan On 31.5.2021 Group - B.
                                                                        ----Respondent
                    D.B. Civil Writ Petition No. 19829/2025
    1.       Union Of India, Represented By The Secretary, Ministry Of
             Health And Family Welfare (Department Of Health),
             Nirman Bhavan, New Delhi- 110001
    2        The Additional Secretary And Director General, Central
             Government Health Services, Nirman Bhawan, Maulana
             Azad Road, New Delhi- 110001
    3        The Director Of Central Government Health Services,
    
    
                             (Uploaded on 30/04/2026 at 02:56:32 PM)
                            (Downloaded on 09/05/2026 at 05:42:03 AM)
     [2026:RJ-JP:16914-DB]                  (9 of 19)                      [CW-18057/2025]
    
    
             Nirman Bhawan, Maulana Azad Road, New Delhi- 110001
    4        Additional Director (Hq), Central Government Health
             Services, Kendriya Seva Sadan, Vidhyadhar Nagar, Jaipur-
             302039
                                                                         ----Petitioners
                                           Versus
    Girdhari Lal Dabla S/o Shri Ramnath Dabla, Aged About 62
    Years, R/o P. No. 90, Santosh Nagar, Ajmer Road, Jaipur.
    Presently Retired From The Post Of Sub Postmaster O/o Sr.
    Superintendent Post Offices, City Dv., Jaipur On 31/5/2020.
    Group- B
                                                                        ----Respondent
                    D.B. Civil Writ Petition No. 19857/2025
    1.       Union Of India, Represented By The Secretary, Ministry Of
             Health And Family Welfare (Department Of Health),
             Nirman Bhavan, New Delhi- 110001
    2        The Additional Secretary And Director General, Central
             Government Health Services, Nirman Bhawan, Maulana
             Azad Road, New Delhi- 110001
    3        The Director Of Central Government Health Services,
             Nirman Bhawan, Maulana Azad Road, New Delhi- 110001
    4        Additional Director (Hq), Central Government Health
             Services, Kendriya Seva Sadan, Vidhyadhar Nagar, Jaipur-
             302039
                                                                         ----Petitioners
                                           Versus
    Faiz Mohmed S/o Umrav Khan, Aged About 62 Years, R/o 53,
    Uday Nagar, Jhotwara, Jaipur Rajasthan. Presently Retired From
    The Post Of Postman, Department Of Post, Rajasthan Circle,
    Jaipur. Group-C.
                                                                        ----Respondent
                    D.B. Civil Writ Petition No. 19858/2025
    1.       Union Of India, Represented By The Secretary, Ministry Of
             Health And Family Welfare (Department Of Health),
             Nirman Bhavan, New Delhi- 110001
    2        The Additional Secretary And Director General, Central
             Government Health Services, Nirman Bhawan, Maulana
    
    
                             (Uploaded on 30/04/2026 at 02:56:32 PM)
                            (Downloaded on 09/05/2026 at 05:42:03 AM)
     [2026:RJ-JP:16914-DB]                 (10 of 19)                      [CW-18057/2025]
    
    
             Azad Road, New Delhi- 110001
    3        The Director Of Central Government Health Services,
             Nirman Bhawan, Maulana Azad Road, New Delhi- 110001
    4        Additional Director (Hq), Central Government Health
             Services, Kendriya Seva Sadan, Vidhyadhar Nagar, Jaipur-
             302039
                                                                         ----Petitioners
                                           Versus
    Madan Lal Kumhar S/o Shri Nand Lal Kumhar, Aged About 76
    Years, R/o Ward No. 8, Kumawato Ka Mohalla, Sikar Rajasthan,
    Presently Retired From The Post Of Postman O/o Superintendent
    Post Offices, Sikar Division, Sikar Group-C.
                                                                        ----Respondent
                    D.B. Civil Writ Petition No. 19862/2025
    1.       Union Of India, Represented By The Secretary, Ministry Of
             Health And Family Welfare (Department Of Health),
             Nirman Bhavan, New Delhi- 110001
    2        The Additional Secretary And Director General, Central
             Government Health Services, Nirman Bhawan, Maulana
             Azad Road, New Delhi- 110001
    3        The Director Of Central Government Health Services,
             Nirman Bhawan, Maulana Azad Road, New Delhi- 110001
    4        Additional Director (Hq), Central Government Health
             Services, Kendriya Seva Sadan, Vidhyadhar Nagar, Jaipur-
             302039
                                                                         ----Petitioners
                                           Versus
    Bhairu Ram Sikligar S/o Shri Ram Ji Dass, Aged About 62 Years,
    R/o Bara Bazar, Near Murlidhar Temple, Po-Sambhar Lake,
    Jaipur. Presently Retired From The Post Of Sorting Assistant O/o
    Sr. Supdt. R.m.s. Jp Div., Jaipur On 31/7/2021 Group-C
                                                                        ----Respondent
                    D.B. Civil Writ Petition No. 19868/2025
    1.       Union Of India, Represented By The Secretary, Ministry Of
             Health And Family Welfare (Department Of Health),
             Nirman Bhavan, New Delhi- 110001
    2        The Additional Secretary And Director General, Central
    
    
                             (Uploaded on 30/04/2026 at 02:56:32 PM)
                            (Downloaded on 09/05/2026 at 05:42:04 AM)
     [2026:RJ-JP:16914-DB]                 (11 of 19)                      [CW-18057/2025]
    
    
             Government Health Services, Nirman Bhawan, Maulana
             Azad Road, New Delhi- 110001
    3        The Director Of Central Government Health Services,
             Nirman Bhawan, Maulana Azad Road, New Delhi- 110001
    4        Additional Director (Hq), Central Government Health
             Services, Kendriya Seva Sadan, Vidhyadhar Nagar, Jaipur-
             302039
                                                                         ----Petitioners
                                           Versus
    Ram Charan Sharma S/o Shri Gyarsi Lal Ji, Aged About 61 Years,
    R/o 34, Vrindavan Vihar, Nandmahal, Agra Road, Jamdoli, Jaipur.
    Presently Retired From The Post Of M.t.s. O/o Cpmg Rajasthan
    On 30/4/2021. Group-D
                                                                        ----Respondent
                    D.B. Civil Writ Petition No. 19872/2025
    1.       Union Of India, Represented By The Secretary, Ministry Of
             Health And Family Welfare (Department Of Health),
             Nirman Bhavan, New Delhi- 110001
    2        The Additional Secretary And Director General, Central
             Government Health Services, Nirman Bhawan, Maulana
             Azad Road, New Delhi- 110001
    3        The Director Of Central Government Health Services,
             Nirman Bhawan, Maulana Azad Road, New Delhi- 110001
    4        Additional Director (Hq), Central Government Health
             Services, Kendriya Seva Sadan, Vidhyadhar Nagar, Jaipur-
             302039
                                                                         ----Petitioners
                                           Versus
    Dharamveer Singh S/o Ram Lal, Aged About 62 Years, R/o
    Behind Central School, Jeet Nagar, Ward No. 4, Jhunjhunu
    Rajasthan. Presently Retired From The Post Of Postal Assistant,
    O/o    Superintendent          Of    Post      Offices,      Jhunjhunu    Division,
    Jhunjhunu On 30/6/2021. Group C.
                                                                        ----Respondent
                    D.B. Civil Writ Petition No. 20424/2025
    1.       Union Of India, Represented By The Secretary, Ministry Of
             Health And Family Welfare (Department Of Health),
    
    
                             (Uploaded on 30/04/2026 at 02:56:32 PM)
                            (Downloaded on 09/05/2026 at 05:42:04 AM)
     [2026:RJ-JP:16914-DB]                 (12 of 19)                      [CW-18057/2025]
    
    
             Nirman Bhavan, New Delhi-110001.
    2        The Additional Secretary And Director General, Central
             Government Health Services, Nirman Bhawan, Maulana
             Azad Road, New Delhi-110001.
    3        The Director Of Central Government Health Services,
             Nirman Bhawan, Maulana Azad Road, New Delhi-110001.
    4        Additional Director (Hq), Central Government Health
             Services, Kendriya Seva Sadan, Vidhyadhar Nagar, Jaipur-
             302039.
                                                                         ----Petitioners
                                           Versus
    Dhanesh Chand Sharma S/o Shri Kundan Lal Sharma, Aged
    About 62 Years, R/o 101-B, Raghunathpuri 2 Extn, Airport
    Sanganer, Jaipur. Presently Retired From The Post Of Post Man
    O/o Sr. Superintendent Of Post Offices, City Div., Jaipur On
    30/6/2020.
                                                                        ----Respondent
                      D.B. Civil Writ Petition No. 10/2026
    1.       Union Of India, Represented By The Secretary, Ministry Of
             Health And Family Welfare (Department Of Health),
             Nirman Bhavan, New Delhi- 110001
    2        The Additional Secretary And Director General, Central
             Government Health Services, Nirman Bhawan, Maulana
             Azad Road, New Delhi- 110001
    3        The Director Of Central Government Health Services,
             Nirman Bhawan, Maulana Azad Road, New Delhi- 110001
    4        Additional Director (Hq), Central Government Health
             Services, Kendriya Seva Sadan, Vidhyadhar Nagar, Jaipur-
             302039
                                                                         ----Petitioners
                                           Versus
    Ashok Kumar S/o Shri Kushal Chand, Aged About 60 Years, R/o
    120 Shyampuri, Heeda Ki Mori, Ramganj Bazar, Jaipur. Presently
    Retired From The Post Of Mts, Superintendent P.s.d. Jaipur.
    Group-D
                                                                        ----Respondent
    
    
    
    
                             (Uploaded on 30/04/2026 at 02:56:32 PM)
                            (Downloaded on 09/05/2026 at 05:42:04 AM)
     [2026:RJ-JP:16914-DB]                 (13 of 19)                    [CW-18057/2025]
    
    
    
    
    For Petitioner(s)             :    Mr. Bharat Vyas (Senior Advocate)
                                       ASG assisted by Mr. Rahul Kamwar,
                                       Mr. Shubham Rohilla, Mr. Lakshya
                                       Sharma & Ms. Anima Chaturvedi
    For Respondent(s)             :    Mr. Brijesh Kumar Jatti
    
    
    
               HON'BLE MR. JUSTICE INDERJEET SINGH
               HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
    
                                        Judgment
    
    21/04/2026
    
    1.    These writ petitions were filed by the petitioners-the non
    
    applicants, aggrieved from the order dated 28.02.2025 passed in
    
    the original application Nos. 488/2022, 489/2022, 490/2022,
    
    491/2022, 551/2022, 552/2022, 553/2022, 554/2022, 555/2022,
    
    556/2022, 557/2022, 558/2022, 559/2022, 560/2022, 561/2022,
    
    562/2022, 563/2022, 564/2022, 565/2022, 566/2022, 567/2022,
    
    568/2022 and 569/2022, 312/2023 & 315/2023 wherein the
    
    following order was passed, after clubbing the matters:-
           13. In the light of above, we hereby quash and set
           aside the impugned Notice dated 22.08.2022
           (Annexure A/1 - OA No. 488/2022) and,
           accordingly,     hold     the     applicant   entitled
           to avail CGHS facilities as per the Index Card issued
           on 01.12.2021 (Annexure A/3 - OA No. 488/2022)
           upto "Lifetime" by the Government of India,
           Ministry of Health and Family Welfare, Central
           Government Health Scheme.
           14. In view of the above observations and
           directions, we also hereby quash and set aside all
           the impugned Notices / Communications, if any,
           made in the similar respective OAs (as mentioned
           above) and, accordingly, hold all the applicants
           entitled to avail CGHS facilities as per their
           respective Index Cards issued by the Government
           of India, Ministry of Health and Family Welfare,
           Central Government Health Scheme.
           15. The loss caused to the public exchequer by the
           employees of the department cannot be made good
           from the victims but has to be recovered by the
           department from its own employees who caused it.
    
                             (Uploaded on 30/04/2026 at 02:56:32 PM)
                            (Downloaded on 09/05/2026 at 05:42:04 AM)
     [2026:RJ-JP:16914-DB]                 (14 of 19)                      [CW-18057/2025]
    
    
           16. In one of the earlier OA No. 507/2024 (Meeta
           Bhasin vs. VOI & Ors.) related to the CGHS, Jaipur,
           we had directed the Respondent No. 1. to look into
           the state of affairs in CGHS Jaipur relating to the
           transfer / posting of the applicant therein and the
           posting / appointment of new Additional Director,
           CGHS, Jaipur but noting seemed to have been done
           for reasons best known.
           But now since the public exchequer has suffered
           and the humble pensioners have been made
           victims, we go extra mile and direct Respondent No.
           1 to inquire into the matter, from an officer not
           below the rank of Additional Secretary and fix the
           responsibility and attribute quantum of loss and
           recover the same from those employees of the
           department who defrauded the retired CGHS card
           holders and caused loss to Bharat Kosh, within a
           period of three months from the date of receipt of
           certified copy of this order.
           A certified copy of this order be sent directly to
           Respondent No. 1.
           17. With these observations and directions, all the
           Original Applications are allowed on similar terms.
           There shall be no order as to costs.
    
    2.     Learned ASG appearing on behalf of the petitioners placed
    
    reliance upon the circular dated 21.07.2020 and submitted that all
    
    kinds of contributions of CGHS beneficiaries are collected and
    
    deposited through the Bharat Kosh Portal (online mechanism). He
    
    further submitted that, except the Bharat Kosh Portal, no other
    
    method was used to collect contribution from any beneficiary,
    
    including the respondent(s)-pensioners. He further submitted that
    
    the respondent(s)-applicant(s) had contacted a clerk named
    
    "Shambhu" and allegedly gave him cash for deposit towards their
    
    CGHS     contribution,      but     as    per      the    complaint   and    inquiry
    
    conducted by the non-applicants (writ-petitioners), the amount
    
    allegedly given to Shambhu was not deposited in the Government
    
    account. He further submitted after receipt of the complaints
    
    against Shambhu, the Additional Director under the CGHS Scheme
    
    has filed FIR No. 442/2022 on 20.09.2022 at Police Station
    
    
                             (Uploaded on 30/04/2026 at 02:56:32 PM)
                            (Downloaded on 09/05/2026 at 05:42:04 AM)
     [2026:RJ-JP:16914-DB]                 (15 of 19)                        [CW-18057/2025]
    
    
    
    Vidyadhar Nagar, District Jaipur City (North), under Sections 420,
    
    409, 467, 468, 471, and 120-B of the IPC.
    
    3.    Learned ASG has submitted that they have taken all due care
    
    in dealing with contributions towards the CGHS Scheme, and in
    
    case any contribution is deposited lawfully they have given benefit
    
    of same. He further submitted that several employees are working
    
    in the organization, and no officer can monitor or supervise their
    
    actions except those performed by them in relation to their duties.
    
    He also submitted that if a clerk has collected cash with false
    
    promise to deposit in the Government account and failed to
    
    deposit, then he committed misappropriation and committed a
    
    breach of trust, and such act is his personal act and not related to
    
    discharge of official duty. He further submitted that the petitioners
    
    (non-applicants) cannot be held responsible for the embezzlement
    
    committed     by   an     individual,        on    false     promise.     He further
    
    submitted that if anyone takes a bribe or commits cheating, the
    
    same is not sufficient to claim any benefit on the basis of such
    
    illegal demand and payment. Lastly, he submitted that all persons
    
    entitled to CGHS facilities are duty-bound to make payment of
    
    contributions only through the Bharat Kosh Portal.
    
    4.    The aforesaid contentions were vehemently opposed by
    
    learned counsel appearing on behalf of the respondent(s)-
    
    applicant(s), and submitted that the Tribunal considering the
    
    vicarious liability of the writ petitioners (non-applicants), opined
    
    that the clerk, who was assigned the duty to collect contributions
    
    from beneficiaries, had received the contributions and, instead of
    
    depositing in the Government fund, misused the same,therefore,
    
    the petitioners (non-applicants) are vicariously liable for the
    
                             (Uploaded on 30/04/2026 at 02:56:32 PM)
                            (Downloaded on 09/05/2026 at 05:42:04 AM)
     [2026:RJ-JP:16914-DB]                 (16 of 19)                          [CW-18057/2025]
    
    
    
    actions of the clerk Shambhu. He further submitted that the
    
    respondent(s)-applicant(s) may not be forced to the contribution,
    
    as the respondent(s) had already deposited the contribution under
    
    the Scheme in the office of CGHS. He also submitted that a fresh
    
    demand would cause mental harassment and also financial
    
    hardship to the respondent(s)-applicants, who are pensioners.
    
    During     course       of   arguments,            learned          counsel     for    the
    
    respondent(s)-applicant(s) submitted the following table to show
    
    how the contribution was made by each of the respondent-
    
    applicant to subscribe the CGHS scheme. The table is reproduced
    
    as under:-
    
    
     Sr. No.                 Name                      Mode of          To whom it was made
                                                       Payment
        1.            Gauri Shankar                      Cash                  Shambhu
        2.         Banwali Lal Kumhar                    Cash                  Shambhu
        3.        Kamlesh Kumar Sharma                   Cash               E-Mitra Kiosk
        4.         Ashok Kumar Sharma                    Cash                  Shambhu
        5.           Hanuman Sahai                     On Line             in the account of
                                                                               Shambhu
        6.           Suraj Mal Bunkar                    Cash               E-Mitra Kiosk
        7.             Rajendra Singh                    Cash               E-Mitra Kiosk
        8.          Suresh Kumar Meena                   Cash                  Shambhu
        9.           Roshan Lal Gurjar                   Cash               E-Mitra Kiosk
       10.           Rajkumar Sharma                     Cash                  Shambhu
       11.           Daulat Singh Bhati                 Cheque            in the name of the
                                                                          owner of E-Mitra
       12.         Satish Chandra Yadav                  Cash                  Shambhu
       13.         Bharat Kumar Sharma                   Cash                  Shambhu
       14.       BhanwarLal Mahabrahman                  Cash               E-Mitra Kiosk
       15.          Mohd. Idris Ansari                  Cheque            in the name of the
                                                                          owner of E-Mitra
       16.           Girdhari Lal Dabla                  Cash                  Shambhu
       17.             Faiz Mohmed                       Cash                  Shambhu
       18.          Madan Lal Kumhar                     Cash                  Shambhu
       19.          Bhairu Ram Sikligar                Phone Pay            E-Mitra Kiosk
       20.          Ram Charan Sharma                   Cheque            in the name of the
                                                                          owner of E-Mitra
       21.           Dharamveer Singh                     Cash                 Shambhu
       22.         Dhanesh Chand Sharma                   Cash                 Shambhu
    
                             (Uploaded on 30/04/2026 at 02:56:32 PM)
                            (Downloaded on 09/05/2026 at 05:42:04 AM)
     [2026:RJ-JP:16914-DB]                  (17 of 19)                        [CW-18057/2025]
    
    
          23.              Ashok Kumar                     Cash              Shambhu
    
    
    
    5.      Admittedly, after the OM dated 21.07.2020 issued by the
    
    Directorate General of CGHS, Ministry of Health and Family
    
    Welfare,       all    types    of    non-tax         receipts,        including    CGHS
    
    contributions for obtaining CGHS cards, are to be deposited
    
    through the Bharat Kosh Portal. The Portal prescribes the
    
    procedure for making payments online. The Office Memorandum
    
    suggests that after 21.07.2020, no one in the office was
    
    authorized to accept cash payments in any form. There is no
    
    provision       for    deposit      through       cheque         or     demand     draft.
    
    6.      The details submitted by learned counsel for the respondents
    
    

    indicate that 18 out of 23 persons made payments in cash, and

    most of them paid to a clerk, Shambhu. One person made

    SPONSORED

    payment online to the account of Shambhu, whereas three

    persons gave cheques in the name of an e-Mitra operator. The

    details clearly indicate that no direct payment was deposited in

    the account of the Union of India or CGHS.

    7. The respondent(s)-applicant(s) are Government servants and

    retired from the Post and Telegraph Department. The Department

    of Posts operates postal offices, and persons working under the

    Postal Department are well aware about the financial transactions.

    Delivery of money to a departmental clerk or an e-Mitra operator

    does not amount to deposit in a government account. The

    material on record indicate that the contributions were made after

    21.07.2020 and not before said date, thus, the case of these

    respondent(s)-applicant(s) is not governed by the principle of

    vicarious liability. Under the doctrine of vicarious liability, an

    (Uploaded on 30/04/2026 at 02:56:32 PM)
    (Downloaded on 09/05/2026 at 05:42:04 AM)
    [2026:RJ-JP:16914-DB] (18 of 19) [CW-18057/2025]

    employer is held liable for acts of an employee not due to personal

    fault but because of the legal relationship with the tortfeasor. The

    employer controls the employee and derives benefit from their

    work, and therefore have to bear the loss. However, such liability

    depends on factors such as participation at a higher level and

    authorization or abetment of the act committed by the employee.

    8. In the present case, as soon as complaints were received, an

    FIR was lodged, and a copy of the FIR is placed on record, which

    indicate that on 28.09.2022, the Additional Director of CGHS filed

    a report against Shambhu and others. The petitioners have not

    received any contribution as per the circular dated 21.07.2020;

    therefore, they are not vicariously liable for money given in a

    personal capacity to Shambhu or the e-Mitra kiosk owner.

    9. During course of arguments, learned counsel appearing on

    behalf of the respondent(s)-applicant(s) admitted that the

    contributions by the respondent-applicants were not deposited in

    accordance with the circular dated 21.07.2020, however,

    alternatively, prayed that the respondent(s)-applicant(s) be

    permitted an opportunity to re-deposit the contributions so that

    they may avail the facility under the CGHS scheme.

    10. Learned ASG candidly accepted the offer made by learned

    counsel for the respondent(s)-applicant(s) and submitted that the

    petitioners would abide by the conditions imposed by this Hon’ble

    Court for providing an opportunity to the respondent(s)-

    applicant(s) to re-deposit the remaining amount after adjustment

    of any deposit, if any, as per record.

    11. Considering the submissions of learned ASG and learned

    counsel appearing on behalf of the respondent(s)-applicant(s),

    (Uploaded on 30/04/2026 at 02:56:32 PM)
    (Downloaded on 09/05/2026 at 05:42:04 AM)
    [2026:RJ-JP:16914-DB] (19 of 19) [CW-18057/2025]

    these writ petitions are allowed and disposed of in the following

    manner.

    (i) The writ petitions preferred by the petitioners are allowed,

    and the impugned order dated 28.02.2025 passed by the Central

    Administrative Tribunal, Jaipur Bench, Jaipur, in OAs (under

    challenge), is quashed and set aside. The OAs preferred by the

    respondent(s)-applicants is/are hereby dismissed.

    (ii) The petitioners are directed to provide a 90-day window

    (facilitate) to each of the respondent-applicant to deposit the

    CGHS contribution to avail the facility under the CGHS scheme.

    (iii) The petitioners shall collect the contribution amount

    payable as on the date of original subscription as mentioned by

    the applicants in their OA or as applicable as on today, whichever

    is less. The petitioners shall refrain from charging any surcharge,

    interest, or penalty from the respondent(s)-applicant(s).

    (iv) If any amount has been deposited in the

    CGHS/government account to avail CGHS facility by any of the

    respondent(s)-applicant(s), the same shall be adjusted towards

    the payable contribution amount. The remaining amount shall be

    deposited within a period of ninty days.

    12. Upon such deposit, the required lifetime CGHS cards shall be

    issued by the petitioners without any delay.

    13. Consequently, the writ petitions and all pending

    application(s), if any, stands disposed.

                                       (ASHOK KUMAR JAIN),J                                           (INDERJEET SINGH),J
    
                                       MONU /187-209-S
    
    
    
    
                                                                (Uploaded on 30/04/2026 at 02:56:32 PM)
                                                               (Downloaded on 09/05/2026 at 05:42:04 AM)
    
    
    
    Powered by TCPDF (www.tcpdf.org)
     



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here