HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP (C) No. 755/2024 CM No. 3435/2025 Bharat Bhushan …..Appellant(s)/Petitioner(s) Through: Mr. Rakesh Kumar Sharma, Advocate vs Chief Secretary of UT of J&K and another .…. Respondent(s) Through: Ms. Monika Kohli, Sr. AAG Coram: HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE ORDER 16.07.2025 1. The petitioner in the instant petition filed under Article No. 226 of the Constitution of India has prayed for the following reliefs: (i) Issue the writ of Mandamus and direct the Respondent to give Rs.1000/- fixed medical allowance to the Petitioner. (ii) Issue the writ of Certiorari; call the record from the Jammu & Kashmir Union Territory of India as well the Treasury the case for perusal. (iii) Issue the direction to the Respondents to start giving fixed medical allowance to the enhanced fixed medical allowance to the petitioner from the date of issue of the circular. (iv) Any other writ, order or directions which may be deemed fit and proper in the facts and circumstances of the case and in the interest of justice. 2. The aforesaid reliefs have been sought on the premise that the petitioner herein was working in Ranbir Government Press under the control of the then State of Jammu & Kashmir and after rendering about 38 years of service, retired in the year 2017 and started to receive his retiral/ pensionery benefits under PPO No.11186390. It is being next stated that the Government of India, Ministry of Personal, Public Grievances and Pensions (Department of Pensions and Pensioner’s Welfare) issued Office Memorandum dated 19.07.2017 providing for Serial No. 9 WP (C) No. 755/2024 grant of Fixed Medical Allowance (FMA) to the Central Government Pensioners residing in areas not covered under Central Government Health Scheme (CGHS) whereby the fixed medical allowance was enhanced from time to time and in terms of the said office memorandum was enhanced from Rs. 500 to Rs. 1000 per month. It is being next stated that upon coming into being of Reorganization Act in the Union Territory of Jammu & Kashmir in the year 2019, the petitioner became entitled to the fixed medical allowance ordered in terms of the said office memorandum dated 19.07.2017 @ Rs. 1000 per month which the respondents did not pay to the petitioner herein despite making a demand thereof, thus, compelling the petitioner herein to maintain the instant petition. 3. Objections to the petition have been filed by the respondents, wherein the petition is being opposed on the premise that the petitioner herein is seeking enforcement of office memorandum dated 19.07.2017 issued by Government of India, however, the same is not applicable to the petitioner herein and instead the payment of medical allowance payable to the petitioner herein is governed by SRO 344 dated 19.10.2006 issued by the Finance Department of the erstwhile State of Jammu & Kashmir. It is being admitted that upon his retirement, the petitioner herein is in receipt of his retiral/pensionary benefits vide Pension Payment Order (PPO No. 111861390). It is being next stated that the petitioner was serving in the erstwhile State of Jammu & Kashmir and superannuated, as such, on 30.11.2017 and was never a Central Government employee or Central Government Pensioner making him eligible and entitled to the payment of fixed medical allowance under the office memorandum dated 19.07.2017. It is being further stated that even after the Reorganization of the erstwhile State of Jammu & Kashmir, the Jammu & WP (C) No. 755/2024 Kashmir Civil Service Regulations 1956 remained applicable to the employee/pensioners of the then State of J&K including the petitioner herein and, as such, the office memorandum dated 19.07.2017 is not applicable to the case of the petitioner herein. It is further stated that the petitioner herein is receiving the medical allowance in terms of the Regulations of 1956 to the tune of Rs. 300 per month being an employee and pensioner of the erstwhile State of Jammu & Kashmir in terms of the Regulations of 1956 inasmuch as SRO 344 dated 19.10.2006. Heard counsels for the parties and produce the record. 4. According to the case set up by the petitioner in the instant petition, it is admitted and acknowledged by the petitioner to have been an employee of Ranbir Government Press having entered into its service on 17.08.1979 and retired on superannuation in the year 2017 while holding the post of Senior Machine Man. It is also not being disputed by the petitioner that upon his retirement on 30.11.2017, the petitioner started drawing pension under PPO No. 111861390. 5. Record available on the file would, however, reveal that the petitioner has not placed on record any document or material to suggest that he became a Central Government Employee upon coming into being of Reorganization Act of 2019, instead what is being contended by the petitioner is that upon coming into being of Reorganization Act in the Union Territory of Jammu & Kashmir, the petitioner automatically became a Central Government Employee entitled to receive fixed medical allowance in terms of memorandum dated 19.07.2017 instead of the medical allowance paid and received by him pursuant to Jammu & Kashmir Civil Service Regulations of 1956 read with WP (C) No. 755/2024 SRO 344 dated 19.10.2006. Whereas, on the contrary, the respondents in the reply filed to the petition have specifically pleaded that the petitioner herein was an employee of the Ranbir Government Press which was under the control of the then State of Jammu and Kashmir and superannuated as such as an employee of the said Government Press and upon his superannuation received his retiral/pensionery benefits in tune with the laws, rules and regulations applicable to the employees of the said Government Press and the then State Government Employees, even after coming into being of Reorganization Act of 2019. 6. 6. Having regard to the aforesaid, specific and categoric stand taken by the respondents coupled with the fact that the petitioner herein has not substantiated his claim for having become a Central Government Employee after coming into being of Reorganization Act of 2019 eligible and entitled to receive fixed medical allowance fixed in terms of the office memorandum dated 19.07.2017, it cannot be said that the claim lodged by the petitioner herein in the instant petition is grossly misconceived. 7. Viewed thus, for the aforesaid reasons the instant petition is found to be without any merit and is, accordingly, dismissed. (JAVED IQBAL WANI) JUDGE Jammu 16.07.2025 Mahavir