New Delhi: The Supreme Court on Tuesday directed the Centre to provide medical benefits to Army personnel (and their family members) who retired prior to January 1996, without claiming any contribution from them.

A five-judge Constitution Bench comprising Chief Justice Y.K. Sabharwal, Justice K.G. Balakrishnan, Justice S.H. Kapadia, Justice C.K. Thakker and Justice P.K. Balasubramanyan, however, upheld the scheme granting medical facilities to ex-Army personnel and their family members on payment of one-time contribution.

The Bench said that considering the fact that after 1996 all personnel who were in service were members of such scheme and only a few who retired prior to January 1996 remained, the Central Government should waive the amount of contribution from them or it should pay the amount and not claim it from the retired employees for extending the medical benefits.

Right to Life

The Bench was passing orders on a petition filed by the Confederation of Ex-Servicemen Association challenging the validity of the one-time contribution scheme. It was argued that when the Army personnel were young they had served the country and that free medical services should be extended to them and their family members.

Such free medical services were part and parcel of the Right to Life under Article 21 of the Constitution.

The Centre contended that when the retired Army personnel were asked to pay a one-time contribution, which was a reasonable amount, it could not be said that such an action was arbitrary or unreasonable.

Petition partly allowed

Partly allowing the petition, the Bench held that the Army personnel and their family members were entitled to medical benefits.

It, however, said the payment of a one-time contribution for becoming a member of the scheme was not arbitrary, unreasonable or violative of the Fundamental Rights as enshrined in the Constitution.

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