Kerala High Court 
Kerala

ECHS denial to ex-Assam Rifles personnel unfair: Kerala High Court

The Kerala High Court has held the denial of Ex-Servicemen Contributory Health Scheme (ECHS) benefits to retired Assam Rifles personnel as highly unfair and discriminatory.

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KOCHI: The Kerala High Court has held the denial of Ex-Servicemen Contributory Health Scheme (ECHS) benefits to retired Assam Rifles personnel as highly unfair and discriminatory.

It issued the order on an appeal by the Centre and the Chief of Army Staff against a Single Judge verdict which directed ECHS facility be granted to V Thulasi Nair, a retired Subedar of Assam Rifles living in Thrissur. Nair had said post retirement, Assam Rifles personnel could either opt to become a member of the Central Government Health Scheme (CGHS) or draw monthly medical allowance of Rs1000 with pension. He said only 25 major cities, including Thiruvananthapuram, in the state had CGHS facilities which meant most Assam Rifles pensioners did not have access to CGHS centres. 

In contrast, ECHS had better coverage as there were more than one centres in each district. 

ECHS facilities were also extended to Special Frontier Force, Coast Guard and Defence Security Corps whose personnel were not categorised as ‘ex-servicemen’, Nair had said.The court said denying ECHS benefits to Assam Rifles even as the Army, Navy, Air Force, Coast Guard and Special Frontier Force received it would clearly be hostile discrimination, more so when the Coast Guard and Special Frontier Force were Central Paramilitary Forces falling in the same category as the Assam Rifles by nature of things and their duties. 

“An Assam Rifles combatant spends his life in strenuous conditions, operating side by side with the Army fighting alien enemies and insurgents. When the functions, organisation and duties of Assam Rifles are similar to the Army’s, there cannot be any justification to deny ECHS facilities solely to retired Assam Rifles personnel,” the HC said.

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