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,
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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
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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
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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
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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.
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----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
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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
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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,
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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
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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
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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),
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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
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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.
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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
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[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
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[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
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[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
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
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[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),
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[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
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