Hemant Gupta, J. - (1.) THE challenge in the present writ petition is to the communication dated 3.7.2006 whereby the claim of the petitioner for refund of Rs. 6,000/ - contributed by him towards ex -Servicemen Contributory Health Scheme was declined.
(2.) THE Central Government authorised Ex -servicemen Contributory Health Scheme on December 30, 2002, which came into force on 1.4.2003. For the rank and pay of the petitioner, one time contribution was Rs. 18,000/ -. the petitioner deposited the said amount on 25.02.2004/ 01.03.2004 and on deposit of the said amount, he became member of the Scheme. However, vide circular dated 15.01.2005, the contribution payable for becoming the member of the Scheme was revised w.e.f. 01.04.2004. For the pay being drawn by the petitioner, the contribution was revised to Rs. 12,000/ -. The petitioner sought refund of Rs. 6,000/ -, which is more than the contribution envisaged on 1.4.2004. In reply, it has been pointed out that no refund is permissible in respect of the contribution from the members prior to 1.4.2004. However, in respect of contribution made after 01.04.2004, refund would be permissible. The said clarification was issued vide circular dated 25/27.04.2005, Annexure R -1. The relevant extract from the aforesaid circular reads as under: 2. As per Para -4 of the AH Qrs above mentioned letter dated 15.1.2005 issued by MD ECHS, excess remittance of ECHS subscription over and above the subscription paid should be refunded as per procedure mentioned at Para 27 of this office Most Important Circular Letter No. AT/IV/4807/ECHS dated 29.10.2003. In this connection, the following guidelines/instructions are issued for regulating the claims for refund of excess contributions. (a) Those who became members prior to 01 April, 2004 and 'deduction of Contribution was made from their PPO - No refund will be made. (b) Those who became members prior to 01 April, 2004 and paid contribution through MRO. (i) Paid in one installment - No refund will be made. (ii) Paid in installments - No refund will be made. All subsequent installments will be based on contribution rates as were applicable prior to 1st April,2004. (c) Those who became members after 1st April, 2004 and deduction was made through PPO. Refund, if due, will be made by PCDA (Pensions) Allahabad, PCDA (Navy) Mumbai or CDA (AF) New Delhi as the case may be who made the deductions through PPOs and not by Regional CSDA/PCs DA, nor will such cases be handled by. Station Hrs or Regional Centres.
(3.) THE petitioner became member of the Scheme prior to 01.04.2004 as the deposit was made on 01.03.2004. Therefore, in terms of the clarificatory circular Annexure R -l, the petitioner cannot seek refund of the amount in respect of the contribution paid by him prior to revision of contribution w.e.f. 01.04.2004.;