(b)
Confederation of Ex servicemen Associations and Ors. vs. Union
of India & Ors. (supra)
"63. ............. The question, therefore, is whether the State can
ask the retired defence personnel to pay an amount of
contribution for getting medical facilities by becoming a
member of such Scheme.
64. In our opinion, such a contributory scheme cannot be held
illegal, unlawful or unconstitutional. Ultimately, the State has
to cater to the needs of its employees—past and present. It has
also to undertake several other activities as a ―welfare‖ State.
In the light of financial constraints and limited means
available, if a policy decision is taken to extend medical
facilities to ex-defence personnel by allowing them to become
members of contributory scheme and by requiring them to
make ―one-time payment‖ which is a ―reasonable amount‖, it
cannot be said that such action would violate the fundamental
rights guaranteed by Part III of the Constitution.
xxxx
xxxx
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66. We are in agreement with the above view. In our
considered opinion, though the right to medical aid is a
fundamental right of all citizens including ex-servicemen
guaranteed by Article 21 of the Constitution, framing of
scheme for ex-servicemen and asking them to pay ―one-time
contribution‖ neither violates Part III nor is it inconsistent
with Part IV of the Constitution. Ex-servicemen who are
getting pension have been asked to become members of ECHS
by making ―one-time contribution‖ of reasonable amount
(ranging from Rs 1800 to Rs 18,000). To us, this cannot be
held illegal, unlawful, arbitrary or otherwise unreasonable.
67. Observations made by this Court in the cases relied upon
by the petitioner and interveners including Consumer
Education & Research Centre [(1995) 3 SCC 42 : 1995 SCC
(L&S) 604] referred to earlier, must be read as limited to the
facts before the court and should not be understood to have
laid down a proposition of law having universal or general
application irrespective of the factual situation before the
W.P.(C) 7279/2013
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