Restore medical facilities for short-service officers within two months, SC tells MOD

APEX COURT REJECTS DEFENCE MINISTRY’S REQUEST FOR SIX MONTHS TO INTRODUCE A MEDICAL SCHEME FOR THEM

CHANDIGARH: The Supreme Court (SC) has ordered restoring of medical facilities in two months for retired short service and emergency commissioned officers (SSCOS and ECOS); rejecting the defence ministry’s (MOD) request for six months to introduce a medical scheme for them.

The SC orders came on December 6 after it heard an appeal filed by the MOD against the judgment of the Chandigarh Bench of the Armed Forces Tribunal (AFT) in 2011 directing restoration of medical facilities to non-pensioner military veterans. The facilities were withdrawn by the director general of Armed Forces Medical Services (DGAFMS) in 2009.

The MOD started providing medical facilities in military hospitals (MHS) to non-pensioner ‘ex-servicemen’ in 1970. Later, pension was made compulsory for availing facilities. In 1997, the term ‘ex-service pensioners’ was again replaced by ‘ex-servicemen’ by the defence ministry with facilities restored to those veterans who were released with gratuity and the status of ‘ex-servicemen’.

In 2009, despite resistance from the Army Headquarters, the DGAFMS started refusing treatment in MHS to non-pensioners. The most affected ex-servicemen were World WAR-II veterans, SSCOS and ECOS. Pensioners were not affected since they were entitled to the full fledged Ex-servicemen Contributory Health Scheme (ECHS) since 2003.

The AFT in 2011 directed the DGAFMS to restore what it said were “illegally” withdrawn facilities. The DGAFMS, however, pushed the MOD to challenge the order in SC the same year. In 2015, a panel of experts set up by defence minister to avoid litigation came down heavily on the DGAFMS. It said, “We wish such persistence and exertion in pursuing such misdirected litigation is rather used for constructive activities”.

The panel also castigated the establishment for citing grossly exaggerated figures of affected beneficiaries in the appeal. The panel’s recommendation for withdrawal of appeal was accepted by then defence minister Manohar Parrikar, but his directions are yet to be rolled out

When the matter came up in SC in November 2017, the court asked the MOD to resolve it before February 2018, after considering the panel report.

The case was then listed for November 2018 when the government counsel sought a day’s time to get instructions. However, when the matter was listed again, the MOD sought six months to implement a special scheme to “ameliorate the hardships” of the affected personnel.

Criticising the lapse of 13 months from the last date when time was sought by the defence ministry leading to earlier directions by the SC, the apex court granted just two months up to February 11, 2019, for the restoration of facilities, expressing “hope” that a special scheme will be in place by then.

Till then continuance of facilities, according to the AFT order, will continue.

The affected personnel, meanwhile, have been disheartened to see the Army send a retinue of senior officers to oppose the plea of their own former brethren in SC, said Capt Jaspal Singh (retd), spokesperson, All India Released Defense Officers Association. The medical establishment had sent a serving major general in 2011 to the AFT to personally oppose medical facilities to old and infirm veterans, he added.