W.P.(C) 1601/2026 Page 1 of 5 $~77 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010038082026 + W.P.(C) 1601/2026 SH D K TREHAN .....Petitioner Through: Mr. Rakesh Kr. Sharma, Mr. Raghav Sharma, Ms. Ayushi Sharma and Mr. Bhagwat Prashad, Advocates. versus PAY ACCOUNT OFFICE-XIV AND ORS .....Respondents Through: Mr. Mohnish Sehrawat, Mr. Nitesh Kumar Singh and Ms. Aliza Alam, Advocates. Mr. Saurabh Seth, SC with Ms. Neelampreet Kaur, Mr. Abhiroop Rathore, Mr. Kabir Dev and Mr. Sukhvir Singh, Advocates for R-4. CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA O R D E R % 17.08.2026 1. The Petitioner, a former employee of the Delhi High Court, retired from service on 10th March, 1999. The present petition concerns his claim for Fixed Medical Allowance.1 Although the petition seeks FMA from the date of retirement, the controversy now survives within a much narrower compass. 2. On 22nd May, 2026, the Pay and Accounts Officer, PAO XIV, who was present in Court, stated that FMA would be released to the Petitioner with effect from 27th April, 2026. The statement was taken on record. The This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/08/2026 at 12:10:46 W.P.(C) 1601/2026 Page 2 of 5 question of the Petitioner’s entitlement for the period prior to 27th April, 2026 was left open. The Delhi High Court establishment was accordingly directed to place on record all communications addressed by it to the Pay and Accounts Office concerning the Petitioner’s claim. 3. An affidavit has since been filed in compliance with that direction. The record shows that the earliest communication concerning FMA traceable with the Delhi High Court is the Petitioner’s letter dated 30th August, 2024. In that communication, he complained that FMA had not been paid to him. Thereafter, by letters dated 23rd May, 2025 and 14th June, 2025, the Petitioner specifically stated that he was residing at Mohali, where CGHS dispensary services were not available, and reiterated his request for FMA. 4. The claim for FMA is governed by two sets of instructions which operate at different stages. The Office Memorandum dated 31st January, 2018, issued by the Department of Pension and Pensioners’ Welfare, prescribes the requirements for claiming FMA. It requires the pensioner to furnish the prescribed undertaking and Form, and obliges the pension disbursing authority to obtain these documents before sanctioning FMA and to make the requisite entry in the PPO. 5. The effective date of the allowance, where the option for FMA was not exercised at the time of retirement, is dealt with separately by the Office Memorandum dated 5th August, 2019 issued by the Central Pension Accounting Office. The clarification records: “In case of retirees/pensioners who retired after 01.12.1997 [and] did not exercise the option for FMA immediately on retirement, the FMA would not be admissible to them from the date of the month following the month of 1 “FMA” This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/08/2026 at 12:10:46 W.P.(C) 1601/2026 Page 3 of 5 retirement. However, they may be allowed FMA w.e.f. the date of application for FMA, if FMA otherwise admissible to them.” 6. The Petitioner retired on 10th March, 1999 and admittedly did not exercise the option for FMA at the time of retirement. His claim from the date of retirement, therefore, cannot be accepted. The question is whether, on the material placed before the Court, an earlier date than 27th April, 2026 can be identified as the date of his application for FMA when it was otherwise admissible to him. 7. In this context, 27th April, 2026 has no bearing upon the date of accrual under the Office Memorandum. It is the date of a communication exchanged between the authorities while the Petitioner’s claim was being processed. An inter-departmental communication cannot postpone an entitlement which the governing instructions make payable from the date of application, subject to admissibility. 8. It is the contention of the Delhi High Court establishment that the prescribed Form and undertaking were required to be furnished to the Pension Disbursing Authority in terms of the Office Memorandum dated 31st January, 2018 and that the Petitioner had not completed the procedure contemplated therein. 9. The letter dated 30th August, 2024 does contain a claim for FMA. However, this communication does not establish fulfilment of the requisites on which admissibility depended, namely, that the Petitioner was residing at a place not served by CGHS. The record of the Delhi High Court itself states that this fact was first intimated, through the Petitioner’s communication dated 23rd May, 2025 wherein he stated that, after retirement, he was residing at a place where no CGHS dispensary services were available and This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/08/2026 at 12:10:46 W.P.(C) 1601/2026 Page 4 of 5 seeks release of FMA. 10. The Petitioner then addressed a communication dated 29th December, 2025 in furtherance of his claim for FMA and furnished therewith an undertaking, declaring that he resides at House No. 2926, Aerocity, Mohali, Punjab, which is not covered under CGHS or a corresponding health scheme. He also confirmed that he had neither obtained nor wishes to obtain a CGHS card for outdoor facilities. 11. Having regard to the sequence of events noted above, the Petitioner’s age and the circumstances in which he has pursued his claim, he is held entitled to Fixed Medical Allowance with effect from 29th December, 2025, at the rates admissible from time to time. The amount already paid or payable pursuant to the statement recorded on 22nd May, 2026 shall, of course, be adjusted while calculating the arrears. 12. The Delhi High Court establishment shall, within two weeks, issue and forward to PAO XIV any confirmation, verification, recommendation or other communication which may be required from the Head of Office for implementation of this order. PAO XIV shall thereafter undertake the necessary verification and take all consequential steps required for giving effect to this order in accordance with the applicable instructions. If any prescribed Form carrying the Petitioner’s signature still remains to be obtained, the concerned authority shall make the Form available to him and complete that formality without requiring him to initiate a fresh claim. 13. Having regard to the manner in which the claim has progressed and the issue concerning completion of the prescribed formalities, no interest is awarded on the arrears for the period up to the time allowed for compliance with this order. However, if the arrears are not credited to the Petitioner This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/08/2026 at 12:10:46 W.P.(C) 1601/2026 Page 5 of 5 within eight weeks from today, the amount remaining unpaid shall carry simple interest at 6% per annum from the expiry of the said period until actual payment. 14. The writ petition, along with all pending applications, is disposed of in these terms. SANJEEV NARULA, J AUGUST 17, 2026 as This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/08/2026 at 12:10:46