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THE HIGH COURT OF DELHI AT, NEW DELHI CIVIL EXTRA ORDINARY JURISDICTION
Writ Petition [Civirj NO. 585/2018
IN THE MATTER OF:
CT/GD Manish Kumar
.PETITIONER
VERSUS
Union of India &ors.
.RESPONDENT
SHORT AFFIDAVIT OF BEHALF OF RESPONDENT
I, Sanjeev Sharma, aged about 51 years, S/o Sri O. P.
Sharma, presently working as Deputy Inspector General (Adm.)
in the office of the Director General, SSB, East Block-V, R. K. Puram, New Delhi , do,hereby solemnly affirm and state on oath as under:
1;
That I am duly authorized to file this affidavit. and being well conversant with the facts and circumstances of the
case and competent to swear this affidavit and that for
legal aspects I am relying upon advice of counsel. ,
2.
It is submitted that in compliance to the directions of the
HonLle Court dated 5.2.2018, it is brought to the
A
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3 knowledge of the Honhle Court that Mr. S.S. Deswal,
Additional
Director
General; SSB
has
already
been
repatriated on a lateral shifting to Border Security Force (BSF) from SSB with effect from 6.10.2017. As the said
officer is no longer on the strength of Sashastra Seema Bal
Hqrs, it is humbly prayed that the deponent, who is Deputy Inspector General (Adm.) and had implemented the
order of the then Additional Director General, SSB, may be allowed to file affidavit in terms of order dated 06.02.2018.'
3.
That it is submitted that petitioner had joined SSB as
CT/GD
at Ih^ bN
SSB
Didihat (Uttarakhand). on
11.2.2006 and remained posted there upto 7-4.2012. There after he was transferred on 18.4.2012 to 424^ .BN SSB
erstwhile Pithoragarh (Uttarakhand). While posted at 42"'^ BN SSB Pithoragarh he was referred on 31.8.2013 by unit doctor to Nephrology Department Government Medical
College
Jammu
for
treatment
of
kidney
ailment.
Subsequently he was admitted in Super Hospital Jammu and remained under treatment there w.e.f 5.9.2013 to 3.10.2013.
4.
That the petitioner had requested Commandant 42"^ Bn SSB
through an app)lication dated ■. 1.10.2013 for self
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treatment from any SSB empanelled hospital. This case was taken up by the Commandant with the Director
(Medical) FHQ permission
for
SSB New Delhi who accordingly accorded the
same
vide
communication
dated
4.10.2013. Accordingly, the petitioner reported at 25'^^ SSB Ghitorni New Delhi on 06.10.2013 . where he was
accommodated in the unit hospital for dialysis. He was further kept on dialysis al Asian Institute of Medical
Science, ■ Faridabad, Hatyaha which is a SSB empanelled hospital on credit basis through 25'^ Bn SSB Ghitorni from
07.10.2013 to 17.03.2015 i.e approximately 17 months. The petitioner was provided all assistance like attendant, transport facility etc. by 25^h'Bn SSB Ghitorni.
5.
That meanwhile the petitioner made a request to Commandant, 42ND BN SSB Batote( J&K) (erstwhile
Bahraich) through an application dated 6.2.2014 seeking permission for , kidney transplant at Sir Ganga Ram
Hospital New Delhi without, any referral by any SSB doctor or empanelled hospital. The petitioner was intimated that
Sir Ganga Ram Hospital is neither recognized under CGHS nor
empanelled
advised/suggested
with
SSB.
Therefore
he
was
to get renal transplant done from
AIIMS/ Governm.ent Hospital or empanelled hospital in
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terms
of the
communication
CS(MA) Rules
1944.. That, a
copy
dated 27.2.2014 is annexed here with as
(Annexure- R/1).
6.
That during treatment at New Delhi, the petitioner made a request for his transfer to 25'-''- BN SSB Ghitorni, New Delhi
on medical grounds for treatment of his kidney ailment.
The request was.approved by the Competent Authority and he was transferred to 25^" BN SSB Ghitorni, New Delhi on 24.4.2014.
7.
It is pertinent to mention here that the petitioner was continuously taking treatment since 31.08.2013 from the
recognized government hospitals. When his request seeking permission for kidney transplantation from Sir Ganga Ram Hospital,
New
Delhi
was
received,
the
unit
had
categorically apprised him vide communication 22.02.2014
(Annexure R/1) to get treatment either from AIIMS,
Government Hospital or empanelled hospitals. However, despite the prevailing instructions on the subject, the petitioner willfully ignored the advice/suggestion of the
Authority based on the rule position and proceeded ahead
on his own to get treatment from Sir Ganga Ram Hospital, New Delhi. Further, he submitted an application dated
G-4
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16.6.2014 for medical advance of Rs 11,00,000 (eleven lakhs) based on the estimate furnished by Sir Ganga Ram Hospital for Kidney transplant.
8.
That it is relevant to mention here that the petitioner case for sanction of 90% medical advance as requested,vide his letter dated 16.6.2014 ( Annexure P/7)was referred to MHA for sanction and,,the same was returned with the
following remarks. a.
As per Central Service Medical Attendance Rules, treatment in a private hospital can only be obtained
in an emergency cases" involving accidents, serious nature of disease etc., in case no Government or
recognized hospital is available nearer than the private hospital. Whereas, in the instant case it
appears that the petitioner was taking treatment from
a long time back. Moreover, no emergency certificate
has been issued by Sir Gdnga Ram Hospital. b.
The petitioner in his application has stated that ABO Incompatibility Renal Transplantation facilities are not available in Apollo Hospitals and AIIMS, New
Delhi. Whereas, neither these hospitals furnished any
certificate
regardir^
non
availability
of
ABO
Incompatibility Renal Transplantation facilities nor c;A)
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referred the patient to Sir Ganga Ram Hospital for further management.
9.
That it is further submitted that the petitioner's proposal was returned to him vide memorandum dated 13.10.2014
along with the remarks of MHA mentioned at Para 8. That, a copy memorandum dated 13.10.2014 is annexed here
with as (Annexure- R/2 ).
10.
That it is relevant to mention here that the Petitioner then
applied for loan amounting. Rs.6,00,000/- (six lakh) from Central Welfare Fund of SSB- on 5^ Januarj'-, 2015 . for
kidney transplant. (A4f)t;<^xure P/9 of WP).
11. That it is pertinent to mention here that as per request of
petitioner an interest free loan of Rs.6,00,000/- was sanctioned from Central Welfai'e Fund(CWF) vide order No.
35/SSB/Wel/MediLoan/.13/517-19 dated 27/01/2015 in which it has been clearly mentioned that Central Welfare Fund(CWF) Loan amount is fully refundable to the treasurer of the fund in 60 equal installmemts or in a one lot if the medical expenses are reimbursed whichever is
earlier (Annexure P/iO of WP). It is submitted that the petitioner has also given an undertaking for refund of amount in monthly installments from the very next month
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of the loan received. That, a copy of undertaking by the petitioner is annexed here with as Annexure R/3.
12. That it is relevant to mention here that as per decision of 24"^h Governing Body Meeting held on 29.01.2015 it was categorically
decided
, that
On
receipt
of Medical
Reimbursement by the pevitioner , amount of advance from Central Welfare Fund should be recouped in total and not in installments.
That the copy of 24"^^ Governing Body Meeting held on 29.01.2015 is annexed here with as Annexure R/4.
13. That it is submitted that petitioner underwent kidney transplant operation on his own at Sir Ganga Ram Hospital on 18.3.2015. In this regard, it is apprised that petitioner
has taken treatment at Sir Ganga Ram Hospital, which was
not a CGHS empanelled hospital without any referral by SSB or by any Government hospital or by any CGHS empanelled hospital.
14. That it has been clarified by the Comdt. Medical that
Kidney transplant operation facility exists in many Government hospitals i.e AIIMS/Safdarjung or in many private (CGHS empanelled) hospitals, where treatment cost
is as per the approved CGHS rates, but the petitioner took
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treatment from non-empanelled hospital on his own. The copy of order dated 31.1.2018 is annexed here with as Annexure R/5.
15. That it is submitted that after the operation, petitioner had
submitted medical reimbursement bill of Rs.11,21,716/-i
(Annexure P/11) which was forwarded by the department to Joint Director (R&H), CGHS (HQ), New Delhi for consideration.
16. That it is relevant to mentipn here that CGHS vide letter
No.S-9827/2015/R&H/C.GH:S(HQ)/1918 dated 10.08.2015
advised to reimburse the medical expenses as per CGHS rates approved vide Serial No.809 of the CGHS rate list CM
dated 01.10.2014. The copy of order dated 10.8.2015 is
annexed here with as Annexure R/6(C611y).
17. That it is relevant to mention here that accordingly the claim of the petitioner was processed and restricted as per CGHS approved rates and admitted for Rs. 6,35,827/-.
18. That it is relevant to mention here that the bill was passed on 7th October, 2015 and payment was made in October, 2015, for Rs. 6,35,827/-
D
WWW.LIVELAW.IN /D 19. That it is submitted that as per decision of
Governing
Body meeting, the loan amount was to be refunded
immediately on receipt of his medical reimbursement bill. That means, the applicant was supposed to refund the loan
amount to Central Welfare Fund (CWF) in the month of October 2015,' but he iatenf'ionally' did not refund the amount and defaulted willfully.
20. That it is pertinent to mention here that till July 2017, the
petitioner refunded only Rs.40,000/- and Rs.5,60,000/was outstanding against,.:,him. The loan from . CWF was sanctioned to him on 27.01.2015. In due course the status
of pending recovery of loan amount from Central Welfare
Fund was reviewed by ADG, vSSB and list of all defaulters (10 cases) was put up for perusal. The name of the petitioner appeared at serial No.8 of the defaulters list.
ADG, SSB vide NSP - 6 & 7 ordered recovery of loan from all defaulters as per pendency against eaeh. It was decided
that monthly recovery cT Rs, 30,000/- should be made from the salary of Constable (GD) Manish Kumq.r, as
reimbursement of MR Bill claim has already been made to
him. Till date a total surh di" Rs. 2,20,000/- has been recovered from him. Rs. 1,80,000/- w.e.f July, 2017 to December, 2017 and 40,000/- which was earlier recovered
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IP from him. A sum' of Rs. 3,80,000/- is yet to be recovered from the petitioner. Since January, 2018 no recovery is being made from the petitioner.
21. That it is pertinent to mention here that as per SSB Welfare Fund Rules, it has been laid down that
"Governing body has powers to makes rules to regulate the receipt of grants and collection of contributions and subscriptions,
the
maintenances
of
accounts,
investment of moneys of the fund, amount to distributed as relief, paynient of Honorarium. In all the
matters of SSB Welfare ,FUnd, decision of the Governing
body shall be final and binding upon all employees and ex-employees".
Accordingly, 24"^^ Governing Body Meeting which was held ■ on 29.1.2015 took a unanimous decision (mentioned at
si. no.2 of the agenda point of the meeting) that "On receipt of Medical Reimhursement by the individual, the amount of advance from Central Welfare Fund should be recouped in total and not in installments.^^ .
It is humbly submitted here that the ibid decision of the
governing body led to recovery from the petitioner. 22. That it is further submitted,that as a welfare measure SSB
■ had extended the facilityKaf.iriterest free loan for treatment.
SSB also took up matter with MHA for medical expenses & I
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1/2CGHS for passing of petitioner claim exceeding CGHS rates
and thus tried to help petitioner in all respect. Due to his ill health, he has also been posted to FHQ Delhi, ■ since 24.04.2014 and no hatd duties are assigned to him
keeping in view his health conditions. All necessary assistance, is being provided to him by SSB.
23. That it is further apprised that the loan was sanctioned to
the petitioner three years, back ,in January 2015 and . the
reimbursement of his. expenses .(as per rules) was received
by him in October. 20,1.5 but petitioner has intentionally defaulted on repayment of loan from Central Welfare Fund( CWF), though
sufficient
time
was
provided
to
the
petitioner.
24. It is added that Central Welfare Fund (CWF) is private fund and it is raised through monthly subscription paid by the officers and officials of force personnel. Total subscribers of Central Welfare Fund are: Officers- 1345 nos.
Officials- 76709 abs. Total-
78054 nos.
It is submitted that all the members have availed some or
the other benefits at some- given time from CWF. The
fin^cial assistance given to the needy if not returned
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13 ^ timely will hamper the functioning of the Central Welfare Fund (CWF).
25. This short affidavit is being filed by the answering respondent
and
craves
leave
to
file
additional
affidavit/detailed affidavit as and when directed by this Hondjle Court or as the necessity arises. PRAYER
It is most respectfully prayed that this Honble Court may be pleased to:-
,
i.
Dismiss the present writ petition.
ii.
Pass any other or further orders as this HonTole Court may deem fit and proper in the facts and circumstances of the case.
EPCiNENT (3RIRH)
Deputy Inspedor General ^Admn^
HfelWviWq. p?,^^ Dtrectorate General, SSB R.K. Puram
^ w^-66/New Delhi-€6
VERIFICATION
Verified at New Delhi on this
day of March, 2018 that the
averments made in the above alii davit are true and correct and nothing material has been concealed thereof.
ONENT
oisssSsSte, ^^3WR.K.Puram 'nr f^-«/New Delhi-66
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ROOMFHQ NEW DEUn.FrfRANKHBr NO
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SBINAGAR
DATED;
NOMii69>rCT«i»^ cmoWC RB^^ FAILIJlffi AND PWSE^m.Y UNDER TOEATMBNT ^ASl^
iNSTITUtE OF medical SCIENCE. FABIDABAD WAS SUBMnTED m APFUCATION dated 06.02.14ATreqdesttno for permission hdney transhj^otXtton sm QANGAthebbin RAM HOSPrri^W D^fo ^ ^ IN THIS CbflNECT6N2li IS intimated THAT SIR
not RECOGNISED UNDER CGHS AND ALSO NOT EMPANEUED ^SSBTO
• raEREFORE. granting PERMISSION TO GET TREATM^ ^Zn^oT^ not be feasible (.) therefore, individual
treatment either FROM ADMS/GOVI. HOSWrALS OR FROM EFffANEt,^ - .T^Avrr BN 1^ REQUESTED TO EXTEND hospitals (.) FURTHER, COMMANDANT 25 BN,
,
allpossiblehelptohimFQRHIsbettertreatmento
(SHAMKAPOpRl •
COMMANDANT 42BN.SSB
.
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Do hfreby
^st^ents. afte. one month ^bmount be deposited to the Treasurer' nDO;/Offlce and ^
Name.
^
',°"
and the medical'
Staff Benevolent Fund or
from the
^ -jodoWr ..fflupees S-r f ,tvt
No-. Rank CT/fi.fl Name
■
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'
AtV(vexu«Government ofIndia
Ministry of Home Affairs, Office ofthe Director General, SSB
Block- V.(East)R.K.Pur^, New Delhi^ 110066.
No. 35/SSB/Wel/24^'' GBM/14/\5-5je
Dated
Jan/2015 .
MEMORANDUM
Subject:-
Minntes of the 24^'' Governing Body Meeting of SSB G^ntral Welfare Eund and StaffBenevolent P^nd held at FHO.SSB on 21^'Dec/2014.
Kindly fmd enclosed herevnth a copy of Minutes of the 24^ Governing
Body Meeting of SSB Central Welfare Fund and Staff Benevolent Fund held at FHQ,
SSB on 21®' December, 2014 duly approved by DG, SSB for further necessary action please.
2-
It is requested that the Action Taken report and status on various Agenda
Points as per decision enumerated in the Minutes may please be fiimished .to Admn. Dte. Welfare branch FHQ .
3.
Kindly acknowledge receipt. lA-
(SonamisBOdh) Assistant Director(Welfare) Distribution • 1.
2.
The IsG,Ftr Hqrs. Ranikhet/Lucknow/PatnaySiliguri/Guwahati. The Director, SSB Academy Srinagar(Garhwal).
3.
The DIsG SHQ,Pithoragarh/Pilibhit/Gorakhpur/Pumea//L-Kheri/Muzaffarpur/ Gangtok/Ranidanga/ NewJalpaiguri(Panga)/ Bongaigaon/ Tezpur/Srinagar/Bhelai Betiah/Almora.
4. 5.
The DIsG TC Salonibari/RTC Gorakhpur. The DisG(Med)Composite Hospitals Gorakhpui'/Purnea/Salonibari.
6.
The Commandants, 1 Bn to 65''' Bn & CSD«&;W Bhopal/CSD & W Salonibari.
7. "
All Area Organisers, SSB
8.'
The Commandants,TC Gwaldam/Sapri/Sarahan/Kumarsain/ Shamshi/ ' Ranidanga/ Kusumpti/ MTC Shimla/ DTC Palampur/ DTBC AlwaiVRTC AJwar
9. 10.
Sr. Instructors, ITS Ghitorni/Kplkata. Assistant Director, IT & T TC Faridabad.
Internal
1. 2.
PS to DG,SSB for favour ofkind infonhation ofDG please. PS to ADG,SSB for favour ofkind information of ADG please.'
3.
PS to IsG i^P&T)/(0&I)/(Admn)/(Medical)for favour of kind informatioii ofIsG please.
4. - PS to DIsG (Pers)/(Prov)/(Trg)/(Admn)/(Ops)/(Int)/(Vety)for favour ofkind information of DIsG please.
5.
PS to Dy.Director(CC) for favour ofinformation ofDD please.
6. 7. 8.
CIOAyjDD(Fin)/S.E/Sr.Architect, FHQ for favour ofinformation. All Assist^t Director, FHQ for information. . - . Accounts Officer(DDO).''Budget/nU/FHQ for information,
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/\nrix;(w g/2/A Government ofIndia,
Ministry of Home Affairs, Directorate General, SSB, East Block-V, R.K,Pnram, New Delhi — 110066.
Dated
No. 26/27/SSB/F/MRy2013 £?T7)
Oct,2014
Memorandum
Please refer to your medical advance application dated
Rs. 9,90,000/- regarding self medical treatment Renal Transplantation o Inconipatibility;
In this resard proposal for grant of 90 % medical advance of Rs. 9,90,000/-.
returned hr origMLm Undericret^^^. with the following remarks.:-
,
Desk) MHA NoA.Block,.New Delh,■
i)
The individual taking the treatment
ii)
AIIMS Hospital / Apollo Hospital are not fiimished any certificate regarding. ■a^lX of toABOSri Ganga Incompati lity RenalforTranspl fac^mes nor; referred the patient RambiHospital furtherantahon management.
emergency certificate has been issued by the Sri Ganga Ram Hospital.
It is therefore, requested the above mentioned certificates obtained from the hospitals for further re-submit the proposal to MHA for Grant of medicaladvance. This has the approval of the I.G (Admn).
A. accounts OFF^ER (DDO) AceoiiPis. Officfjr (DDO)
Dte. G.v - :i
.
il (MHA)
To
No. 0686981, CT/GD
A\
Maniish Kumar,
FHQSSB, New Delhi."
■
*
(Attached with 25"' Bn Ghitomi New Delhi) m mt SSSsS#
ii
11
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MINUTES OF 24™ GOVERNING BODY MEETING OP 0RNTR AT
AND SSB STAFF BENEVOLENT FUI^ HFXD ON 21.12.14 AT PHO:SSR
The 24*^ Governing.Body meedng of the Central Welfare;Fund and SSB' StaffIBeneyblent Fund was held under the Chairmanship of Shri B. D. SharniajiEPS, Director General, SSB at Force :Hqrs SSB, New.Delhi. Hie ineeting was attended by the designated menibers. of.both the funds. The Governing Body discussed issues relating to Central Welfare Fund and Staff Benevolent Fund
including cpmpli^ce of deasions taken during the last gpveming body meeting: besides considering the annual audit reports and agenda points.
. 2.
.
The following members attended the meeting:^ MEMBERS FROM FORCE HORS.SSB. NEW DFJ-UTT
1) 2)
Shri B. D. Sharma,-IPS, Director General,"SSB Shri SomeshGoyal,IPS,ADG,SSB
3)
Smt Renuka Mishra, IPS,IG(Pers & Trg) Shri Aditya Mishra,IG(P &C) Shri Bhanu Upadhyay,IG(Admn) Shri Deepak Kumar,IPS,IG(Ops Sc Int) Shri Sarwan Kumar,DIG(Int) Shri David Lalringsanga,IPS, DlG(Per8) Shri a; K. Singh, IPS,DIG(Ops) Shri Sanjeev Sharma,DIG(Prov) Shri VandanSaxena,Asstt Director(Pers-I)
4) 5) 6)
7) 8) 9) 10) 11) 12) 13) 14).' 15)
-
Shri Hemant Kumar Jha. Commandant(Cntninn) Shri V. K. Kasana,AssttDkector(Admn) SmtUshaSajwan,SAO(Welfare) Shri Onkar Chand, AOpDO)
MEMBER FROM THF.FIELD FORMATIONS
1) 2) 3) , .
Shri Kuldiep Singh, IPS,IG,Frontier Siliguri .Shri S. K. Singhal, IPS,IG,Frontier Patna Shri Avinash Chandra,IPS,IG,Frontier Lucknow Shn Shyam Singh,IG,Frontier Ranikhet
5)
Shri S. Bandopadhyay, Director, Academy Si-itmg^r
6) V) 8)
Shn A. K. Negi,IG,Fronrier Guwaliati Shri Sudhir Kumar,DIG,Frontier Guwahati Shri Manvendra, Commandant,55'*'Bn
9) Shri Raj Pal SingHy Commandant,31"Bn Gossaigaori 10) - Shri Sudhir Verma,Commandant,41"Bn,Ranidanga 11) - Shri H. N.S. Bisht, Commandant,7* Bri Nanpara 12) 13) 14) 15) 16)
Shn S. C. Sharma, AO,SHQ Muzaffarpur Shn B. S. Tharkoti,JAOj AO Kokrajhar ■ Shrijoy GopalNamasudra,Dy Comdt,51"BnSitamarhi-II Smt Anjah Sinha, SAO,AO Darjeeling. Shri Om Prakash,SAO,FTR Puinikhet
17)
Insp/GD Rajkumar, 7''* Bn
18) 19) 20)
Insp/GD Ramesh Lai,RTC Bhopai • . Insp/Miu Sanjeev Dimri,30"'Bn Dirang SI/GD Pradip Barman,RTC Gorakhpur
21) 22)
SI/MinAmalSaha,SHQL/I
„ ■
•/ /
, ; • '
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23), . SI/MinJagdish Chand,TC Sapri 24) 25) 26) , 27) 28), 29)
//2//
SI/MinAmbikaPrasad,SHQPi]ibhit SI/GD G. S. Chauhan, 18'''BnBii:piir SI/GD liladhar, SSB Academy Srinagar ASI/Min Kundan Kumar,SHQ MuzafFatpur ASI/GD Govind Rani,2"^ Bn Sidharthnagair
33) 34) 35)
HC/GD Bhupen Chand Das,28*'' Bn Araria HC/MinTe2paI,FrRRaaildiet. Sbd K.C B.ehra, UDC, ITS Kolkata
36)
Shn A K Divedi, SPA (M),CH Gorakhpur
37) 38) 39) 40) 41)
CT/GD Vikrant Kumar,54"*,Bn
42) 44)
v-
'
ASI/Commn Ranbir Sin^,IT & TC Faridabad.
30) ,HC/GD Balak Ram,2"' Sidharthnagar '' 31) HC/GD Dinesh Kumar, 33'*'Bn Rangia 32) HC/GD Pawan KuDiar, 34'*'Bn Alipurdwar
- 43)
.
. ." '
CT/Cobbler Surajbhan, 55'''Bn CT/GD Ashutosh Kumar Singh,20* Bn Sitamarhi CT/GD Raju Singh,4* Bn Lucknow CT/GD Ajay Awasthi,6* Bn
CT/Swp Vil^sh Awasthi, 12* Bn Kishanganj
CT/Swp Satyaram Chaubey,48* Bn
CT/CookLaxman Singh,65* Bnjamnagar
The meeting began with the welcome address, by Shri Bhanu Upadhyay, IG (Admn) who
• besides welcoming ^ members attending the 24* Governing Body"meeting, also highlighted tlie
major welfare activities undertaken by SSB during this session for the benefit ofits personnel. He also gave a brief description of the problems and issues related to the funds specially the Staff Benevolent Fun^ whidi would be deliberated during the Governing Body meeting. At the end Shri Bhanti Upadhyay,IG(Admn)requested Hon'ble DG,SSB to address the meeting.
_ The DG,SSB while addressing the members, expressed his happiness and satisfaction for the tome personnel who are performing their duties with zeal and dedication, leaving their famiUes beM. It is necessary that their grievances, whether it is the education of their child their' upbringing, medical treatment in their family etc are addressfcd timely.
Under the welfare schemes being implemented by SSB, some are, for financial assistance for ediication of wards, medical advances, scholarslup to the wards, financial assistance to NOK etc,
undertaken for the benefit of force members. He.fuidier stated that he is happy to note that by the
establishment of 07 Master Canteen and 83 Subsidiary canteens registered under the central CPC for
welfare the SSB personnel and their family members, are getting essential commodities of dmty need
on concessional CPC rates. He stressed need to strengthen the activities undertaken as welfare measures to the benefit of every member of Force. He welcomed aU and requested for points and su^estions.
.
Shri Bhanu Upadhyay,IG (Admii)FHQ made a PowerPoint presentation on audit/ accounts Welfare Fund and Staff Benevolent Fund for the period 01/04/13 to
bl/U3/2U14. The accounts statement contained fiindwise details of receipts, expenditures, liabihty
and assets. These were scrutinized in detail by the Governing Body. The agenda points received
trom the field umts were discussed tlireadbare and following decisions were taken:- ■
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//3// u
S/
AGENDA POINTS PROM HELD UNITS
DECISION OF THE GO^RNIpG
No.
BODY
In case of death, immediate relief of.Rupees eight Immediate reHef provided as loan ;.to the
'1 i): tliousand is provided to NOK of deceased SSB NOK is a Govt pplidy and, cannot be
official from the unit out of any available fund/PA changed by SSB. Case will have to. be and is later deducted from gratuity or,other amount taken up with the. goyemmept for due to deceased Govt. servant It is proposed that enhancing the amount by the P^'Dte..
Rs. 20,000/- may be provided from central wdfare fund as permanent expenditure out of25% share of However proHding , of assistance pf Central Welfare Fund retained in unit, ^idi, Rs,10,000/r as pepnanent expenditure to sanctioning power of unit Head. NOK from the Central Welfare Fund PTRRANIKHET
ii).
has been agreed byvthe Governing Bpdy.
In case of death, immediate relief of Rs. 8000/-^ is being provided to next of kin as recoverable
amount from terminal benefit it should be provided as permanent expenditure out of retained amount
of CWF with sanctioning powers of the unit head and also immediate relief amount may be enhanced from 8000/. to 20QQ0/-
FTRPATNA
25% share of Central Welfare Fund is At present only DG has the power to sanction retained by umt to provide immediate any permanent expenditure/advance ffpm the financial assistance (advance on refundable CWF. 23"* Governing body has already approved
basis to the personnel for emergency medical treatment). It is proposed that provision may.also be kept for sanction by each unit head for conducting -activities in
for 100% advance out of Central Welfare Fund
in cases of extreme niedical emergency by the unit heads.-''However,-Unit heads-may insist for medical advance by ,the individual. before
the unit for Welfare of Bn personnel as sanctioning of advance put of Central Welfare
permanent expenditure, calendar year as under:-
during
Fund. On receipt of ihedical reimbursement by
the individual, amount advanced from' Central
Commandant
Rs.
DIG
Rs.
Inspector General
each
Rs.
15,000/-
■25,000/50,000/-
FTR RANIKHET
-Welfare. Fund should be. recouped in total and not in instalments. - Recovery- of instalments would commence firom the subsequent month of
advance sanctioned. Permanent expenditure ffpm-Central Welfare Fund willbe sanctioned by FHQ only. All Bns, in addition to CWF are also
maintaining Bn Fund accoiint.'Governing Body
has considered . and decided to enhance the financial powers ofBn. fund which is as under:Existing Rate " '
s/ N
Proposed Rate
1
Comdt
2
DIG-
3
IG
10,000/-15Q00/20000/-
15,000/25,000/.
50,000/--
//4// 3
Keeping in view the costly medical 23*'' Governing Body meeting has enhanced the retted
i)
toeatment
the
25%. amount
of amount from 20% to 25%, In addition a sum- of Rs, 1 lakh
Central Welfare Fund subscriptijon has already been provided to Sector Hqrs, and Rs, 3;lakh;tp being retained at unit level should be Frontier Hqrs. enhanced to at least 50% so that munediate financial assistance can be
Further it was proposed: that instead of retaining;25% given to the needy personnel to meet share by the units, all the unit? Should deposit the ■ entice the medical expenses. Similarly the, amount of Central Welfare Fund to FHQ and FHQ wiU in imprest amount provided to • the turn advance a fixed'amount as Imprest money,mentioned; Sector Hqrs, Rs. 50,000/-, and to as under. This wiU be in addition to Rs, 2 kkh advanced Frontier Hqrs, Rs, 3 lac, should be against subsidiary canteen to various units. enhanced @ Rs, 1 lac to Sectors, and
Rs. 4 kc to
Frontiers for
immediate financial assistance to the
S/
needy force personnel in expensive
N
medical treatment,
1.
Frontier.Hqrs,
03 lakh
15 lakh
2.
Sector Hqrs
02 lakh
30 lakh
(05X03) (15X02)
3.
Training
04 lakh
28 lakh
(07X04)
02 lakh
06 lakh
(03X02)
04 lakh 335 lakh
(02X02) (67X05) (25X01)
FTRLUCKNOW
Units
Amount
Financial
Liability
onCWF,
Centres
(RTC/CTC/Ac ademy/ Gwaldam 4. .
Comp. Hospitals
5.
CSD&W
02 lakh
6.
Bns
05 kkh
7.
Areas
01 kkh
8,
Other TCs
02 kkh
25 lakh 26 lakh
(13X02)
(ITS/TTC/MT C/ATCs.etc,) Grand Total 469 lakh
Goveniing Body ^eed with,the proposal and directed that
aU the Units deposit the 25% retained amount alongwith interest to FHQ by 31" March, 2015. Thereafter FHQ will provide in turn advance-as mentioned above to the units in the month'of April, 2015. The interest darned on advance
amount will be deposited by unit in the month of January every year,
4)
Advance may be granted for Governing Body has not accepted the proposal. education purpose from ckss ' F'
onwards with refund in equal instalment,
FTRLUCKNOW 5
i)
Prime Minister Scholarship for 10"' Financial assistance to the wards of SSB personnel in case of and 12* ckss smdents in R/o SSB class Xth &. Xllth examination,,it has been decided, by the wards may be enhanced fcom Rs.
Governing Body to raise to Rs, 3,000/- for gicl child and
20,00/-to 3000/-
Rs. 2000/- for boys of wards in respect of other ranks only. The case of officers . and SOs shall be discontiiiued
i
FTR LUCKNOW
forthwith.
7
7
1/^1/
0 Assistance ■
ii) Financial Higher.
on
Education
Financial Assistance for Fligher.Education has been,approved-
i.e. bytheGovemingBodyasproposedunder:-
engineering/ medical etc may be
enhanced
from
Rs.
Existing
PURPOSE
10,000/- to 15,000/- for day scholars
and
11,000/. to
from
Rs.
20,000/- for
boarders.
DAY S SCHOLAR
Graduation/
Proposed
BOARDE DAY BOARDER R •SCHOLAR
3OQ0. ; .
5000
4500,
. . 7500;.
Diploma, Courses (NonTech)
FI'RLUCKNOW/ SHQ
Graduation
BGN / TC SHAMSHI
(Technical)
>
3500
5000
5250
7500
4000
7000
6000
10500
4000
7500
6000
11250
Medical/Engine ering/Veterinary
15000
22500
22500
13000
1950.0
/MBA/PL
ORs-15000 SOs-13000 D. GOs-11000
11000
16500
19500 16500
Poly-technic/ ITI/ Computer Prog.
R
G. ..?
Tech)/ M. Sc./ M.A./M. Com,, etc.
P.G.(Tedinical &
Professional), MCA,
Med,
LLM, M .Phil & ■ other PG . Diploma
etc.
There should be a proper Governing Body accepted the proposal. maintenance of accounts in
respect of Central Welfare
Fund being retained by units with separate Saving Bank Account and cash book.
At present no power of i3G has desired-to go through the welfare funds raised by the sanction has been delegated to odier CAPFs 2md their financial powers by a board of
any
officer.
sanctioning
Following officers. Decision will be taken on receipt of the report. powers
is
recommended. DG
Full Power
ADG
Rs. 5 lac
IG
Rs. 2 Lac
AtFHQ
23 //6//
Some units are requesting for interest free Point was not agreed to by the Governing Body. loan up-rto-RsrOr^ Lakh from CWF imy
be provided for the marriage/education of daughters and higher education in respect of serving personnel.
A point has come from Frontier Hqrs Governing Body has decided that we should go Patna that they want to purchase two
for purchase of Vehicles as per hmit mentioned
amenity vehicles for their Frontier for
uader:-
welfare of serving and retired force
personnel of SSB out of Central Wehate Fund., IsG Acadeiny Srinagar,. Lucknow
FHQ
02 vehicles.(Innova Diesel)
FTRHqts.
01
(Innova Diesel)
and Siligiiri are in agreement with die proposal.
vehicle, (for each, Ftr
SSB Academy 01 Vehide(Innova Diesel) Srinagar
For its smooth operation and utilisatdon,
SOP on the subject submitted by Pama Frontier should be gone through and it will be issued with due approval of DG,SSB. 10
As there was consistent request from field Governing Body has approved units especially from newly raised units enhancement of refundable
and ratified the
advance
for
for enhancement of refiindable advance establishing subsidiary canteens at unit from Rs.
for establishing subsidiary canteens at 50000/- to 200000/Unit concerned from Rs. 50,000/- to
2,00,000/- or more,Executive Committee
has approved to enhance to Rs. 2,00,000/- in such cases. 11
One Memento to persons proceeding on DG SSB has desired that memento to the personal
Vol/Superannuation retirement may be proceeding on tetirement at Bn level shall be given
given. A fixed amount may be considered firom Bn. Fund as per practice- in vogue. For
Frontier llqrs / SHQ,it„will be. bome out -i out of Central Welfare Fund as FHQ/ permanent expenditure at following rates: of SSB Central Welfare Fund. Officers .Others 12
Rs., 2,000/Rs. 1,500/-
I'he rate of financial assistance to NOK DG, SSB has directed to constitute a committee
has already been enhanced from 6A lakh imder the Chairmanship of ADG,SSB with other to 8 lakh in 22"'' Governing Body hleeting members having knowledge of Accounts. The •.■t
.1
A *PlT7-«
£
in 2012. As the scheme is already in loss committee should liaise with other CAPFs for the and rather there is a need of raising the above purpose. The committee will..give its
subscription amount without enhancing recommendation for increasing subscription of financial assistance of Rs.8 lakh
Staff Benevolent Fund / reduction in financial assistance to NOKs of deceased personnel PvS.
8 lakh and retention of 50% subscribed amount of Staff Benevoleht fund after retirement.
i:;
inji 13
It is ptoposed that the financial assistance Governing body accepted the proposal
in case of medical invalidation of any degree leading to loss of job may be enhanced from Rs. 2 lakh at present to Rs. 4 lakh in each case. Secondly, financial assistance of Rs. 3 liikh & 4 lakh
being provided in case of medical, invalidation
above
41%
and
71%
respectively, not leading to loss of job may be reduced to Rs. 2 lakh irrespective of the degree of medical invalidation above 40% .
FHQ
At the end of the meeting Shri Sanjeev Sharma, DlG(Admn/Prov), FHQ concluded the meeting with vote of thanks to DG,SSB, ADG,Senior Officers & all members.
Dy.Inspector Genetal(Adnin)
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MOST URGENT/ coiiPT r^d
SASHASTRASSMA BAL;FORCE HEADQ^ARTEf^ (MEDICAL DIRECTORATE)
No.l/SSB/Med/SSB/l(20)j'2018/4-g y -
Dated: 31/01/2018
Intra Office Nntp
Pkase re£ to your memoiandum No. .35/3SB/Wel/CWF/Misc/ 2017/375 dated 30/01/2018 regarding court case filed by GT/GD Manish Kumar (UID No. 11210906).
. •
y
.
,
uiii4r
The Para wise comment pertaining to the medical Dte..On die subject matter
IS as under:
S/N.
^ j
«
Claim/Question raised by th^
Remarks
petitioner
Sri Ganga Ram hospital was the Kidney transplant facility,is available in only hospital with a high success Govt Hospitals (AIIMS, Delhi, rate of performing transplants of Safdarjung Hospital etc.) and also in patients suffering from such •CGHS empanelled private Hospitals complication with in Delhi / NCR, moreover, some
8.
private CGHS empanelled hospital' having facility of kidney transplant also empanelled with SSB for providing.such type of facility to the force personnel and their dependent family members.
As regard of success rate of kidney transplant in comparison to other Govt.
Hospitals and private CGHS empanelled hospitals there is no any such data available in this Dte.
This has the approval ofIG / Dir.(Medical)
(Dr. Trilok Chaiid)
Commandant(Medical)
The Assistant Director (Wel.\ PHQjSSB, New Delhi Copy to:
Assistant Director (Admn), FHQ, New Delhi w.r.t ION dalod 30/01/2018
■/
WWW.LIVELAW.IN (othN
r.
f cZe ttr. ?r. TRr-9827/2015/u. Tjci
(g:)/ j ^ j j> F.No. S-9827/2015/R&H/CGHS(HQ)/ .
arpT 5iiT ■'o.wirt<4, (^TsuT.) • *i=St!T WCTT ^^trrs-'q- 'itsCT.,
■rS-j
wfiK
;. . ,
. ■ 0/o .the Additional Director (HQ) ■ Central Government Healtlr Scheme,^ Delhi
'dRirn' wjpi ^h»-R-3ra5ii—r-— ■ CGHS Welinesa Centre Building, #Fa-i2.^ f^-M0022 RRl. Pur^, Sector-12, New Delhi-110,022 Dated/feiM:- / •=») F)/j"
To,
■ ^
■ Hie Inspector Gener^ (Admn.),
'll
■ Office of the Directo General^ SSB, ' Ministry of Home Affaris, East Block-V, R!K, Puram H '
li
' .€T-
New Dellii-Ll 0066.
Sub.:-Clarification regarding full- reimbursement of medical claim hi r/o Sh. . Tteram, No., 090618345 CT/GD. Sir,
J •\
( I
\
I ^ directed to refer to your letter mentioned above and to inform that tlie kidney." U-ansplant has been done as ah elective procedure, and hence the case does not qualify for ftillreimbursement iii terms of Para 3(2) of tlle^OM dated 20/02/2009. Hence the' depai'tnieiit is
advised to reimbmse as per CGHS: rate vide SL. N.O. .809 of the;CGHS rate-list OM dated 01/10/2014. .
This issues with the approval of the Competent Aulliority.
ii -
atcr^/Yoms' sincerely, •
■(^. ■dr.'^3tTU)/(Dr. 5/.^\ibash), ■ :
(u. tm 3T.) ,
Joint Director (R&H),. CGHS(HQ)
WWW.LIVELAW.IN V,
No:S.f1045/36/2012'CGHS(HEC) N!fnistryofHealth & Family Welfare ' Government ofIndia Directorate General of Central Govt Health Scheme *************
n NJrman Bhawah New Delhi 11Q108 datedRoad, the^ October,^014
office
M E MHr a M n il
M
Subject' acka e rates a
arrived at Tnd 'ifavf
I inr.l-nu,
uploaded on the above quoted website of CGhT
HCOs is enclosed here with/
,
"SS'"^^'^f^investlgatlons have been
aSD and ran h« ^py theagreement^ntaininq thetXmsIndrnnrii^—"f
as per the terms^and^condit^^^
,1 I
llcable vnc r CGHS Bdlhi Ji Mnio
^GHS: Similarly, a
empanplment has also been
C^QHS Delhi & NCR
Pfnelment and MOA signed between CGHS and
effeof from 1f 0ctoberrioi4 ThrempaTelmen?sha^^^ menUoned above will, pome into ^r a peri<^ of two years from
date of issuance of this order ThP wrnc iT !j
find their names in annexed list of
SGHS which do; not
:
-d=—
list
{Dr.(Mrp.) Sharaa Vefma] To, 1. 2.
DiFect9r.(C^HS)
n>l: 011-2306 ZjBOO]
«l of India' outaida Delhi All AddfttenJ/rv^''^'^™"'®' Additional Direotora /Joint®™®rnmdiil DI,eoUi.s of cslS'oiUaa
WWW.LIVELAW.IN
^ JgDSStorSfiiiS;„,„,l Nodes - Bou,Sides(For-SI 23G00 806
Bxpision of Pilarial Scmhim —.4,—r - -- ■ »«ntii lauiomm Kidney I .Transplantation -—-i..»uiauun r^lm 4^h-v
807
KI/HtIAX/ T'r'o
11500
555o
'
(Spousay unrelnt,.rri
09
813 •
^cjney Tran'i^ant Uraft Nephr,.7;;;;;;;^ PoiiorNephrectomv(open)^ Donor Nephrectomy(LapmsnopiP^
143000 49Q0Q0 388000 59500 28750
814
Cadaver Transplantation
46000
AgPjIl£ompatibirTransnl;,nf.fin„ Sw'ap Transplantation
810
:_ 1 _
'
.
I
-
**uiioumiiLannn
811
812
815
8.3300 28000
816
85000
Nephrectomy '
fe5aLUnrd.lejmni|„„,„, —
8 1S
Ljiii!nr,'r..ii
85000
819
Kid ney
•
•
_
8.5000
,
'^^^^^ion ciraanage tor Lyraphocele (open)
Post-Transnlnnt
164450
5635100 .; 446200; ^
70QO.O.
3306^' 4 52900^ ^ ?5795 ' 32200 : . 97750 '
97750
6800
6800 7650 823
r
'urriaemr.riiniYc;o
jjjgular lugular Catheteriza^n Catheterizatinn for for Haemodialvsi..—
825
for Haemodialvct;;
One
97750
:—:
821
826
13225, 4025
Kidnev Transnlant ,„;^U V, r—rr
(Spousal/ Unrelated! Biinf,.r^i miateral
824
26450
(single
2300 3500
1500 2250
8000
80.00
9000 2645 4.025 1725 2588
1000 827
HaSaiv^f
Catheterization for
1500
828-
for ItoraodiSiS 1850 829
Permcath Insertion
830
Arterio venous Prostherir -^-v^ua iTiTusmenr r!r^ff
831 832
TT v-amemn-rgt.^n . '^-'"^"^"^unninviangaihetei
"jinsle InmAn C!nk«i«..:„ _
833
;
834
Upen methnfl r'Awt^.
835
7vi,i„, -p
836
TT—
837
174—T.
[jiiirvir
■;—:—
insertion catheter nr;,nnnif||yr.,„
Continuous Venn vp;:;;;77a ... • . ■
838 839 840
2800 1850 1500
1700
1725 3.5Q0 3500
i^o; 2250,
'einodialYsisfnr.9>>
• Positive cases Acute Peritoneal Dialvsi^ r-,
841 842
77r
=^-—
843
fistula stenosis dijiti^
^
1:400
1:650 1450 2500 850
3DdO
1.725
2128
3220 2128
1725 2000
1984 4Q25 4025:
1438 2588
16X0 1898
.1668; 2875
97.8 . 3450:
'i
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IN THE HIGH COURT OF DELHI AT, NEW DELHI CIVIL EXTRA ORDINARY JURISDICTION
Writ Petition [Civil] NO. 686/2018
IN THE MATTER OF;
CT/GD Manish Kumar
PETITIONER VERSUS
Union of India & ors. APPLICATION
^
...RESPONDENT
FOR CONDONATION OF DELAY IN
FILING OF SHORT AFFIDAVIT
1.
That I am the authorised representative of the Respondents in the abovecaptioned Petition and as such am conversant with the facts of the case and
am competent to depose in the present application.
2.
That the HonTle Court vide its order dated 6.2.2018
has directed the Resporidents to file a short affidavit
explaining the circumstances and the rule position, which empowers the respondents to deduct over 80%
■ of the petitioner's monthly salary on his defaulting in paying back the loan amount in terms of the order dated 27.01.2015.
3.
That the petitioner was posted at different locations
of SSB in past and all the records pertaining to this matter has to be brought from those units and
further examined in detail at Respondent office.
Therefore, the delay of
days in filing the Short
Aifidavit has occurred which is neither intentional noi malafide and only clue to the aforesa.id reasons.
Li.^,„.___JllJ
WWW.LIVELAW.IN 3o
PRAYER
It IS, therefore,.most respectfully prayed that, this Honhle court may be pleased,to :-
a, That the delay of 7 days delay in filing Short affidavit may be condoned, in the interest ofjustice.
b. Pass any other further order or relief which this HonTile Court may deem fit and proper looking to the facts and circumstances of the case may also be passed in favor of the Complainant and against the accused.
RESPONDENT DELHI
THROUGH
RAJESH KUMAR ADVOCATE
OFFICE. AT : S - 381, LOWER GROUND FLOOR, GREATER KAILASH - I, NEW DELHI 110048. CH. NO. 516A, 2ND floor, WESTERN WING .
TIS HAZARI COURTS, DELHI 110054 MOB. 9891235156
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♦ IN THE HIGH COURT OF DELHI AT, NEW DELHI CIVIL EXTRA ORDINARY JURISDICTION
Writ Petition [Civil] NO. 686/2018
IN THE MATTER OF;
CT/ GD Manish Kumar
..PETITIONER VERSUS
Union of India & ors.
' ...RESPONDENT
AFFIDAVIT
I, Sanjeev Sharma, aged about 51 years, S/o Sri O. P. Sharma, presently working as Deputy Inspector General (Adm.) in the office of the Director General, SSB, East Blbck-
V, R. K. Puram, New Delhi, do hereby solemnly affirm and state on oath as under;
1.
,
,.
That the deponent is conversant of the facts of the case and is
competent to svv'car this aflid^vit on behalf of the respondent.
2.
That the deponent has gone through the contents of the accompanying reply to the writ petition, which have, been • drafted by my counsel under my instructions. The contents of
the accompanying reply are true and correct and may be read as part of this affidavit as. the same are . not beihg repeated herewith for the sake of brevity.
O - --
VERIFICATION:
T -
—i-M
..
"
Verified at New Delhi on _T.this day" of MARCH, that the contents of my above affidavit are true; and correct to
the next of my knowledge and no part of it is false and nothing material has been, concecded therefrom.
D0PQ
'nspeclor G
"•waorate Genera
NT
