Can only disabilities listed in Persons With Disability Act be treated under ECHS? AFT seeks answer from government
Tribunal’s Chandigarh Bench said the matter gives rise to an important question of general public importance and the same needs proper consideration
The Armed Forces Tribunal has sought an explanation from the Central Government and the Ex-servicemen Contributory Health Scheme (ECHS) Organisation whether treatment under the ECHS can be restricted only to those disabilities mentioned in the Persons With Disabilities (PWD) Act
Pointing out that a peculiar case came up before the Tribunal where the dependent son of an ex-serviceman was denied reference to an empanelled private hospital for a kidney transplant on the grounds that treatment of a kidney disease is not covered by the ECHS, the Tribunal’s Chandigarh Bench comprising Justice Sudhir Mittal and Lt Gen RP Singh said that the matter gives rise to an important question of general public importance and the same needs proper consideration.
The ex-serviceman’s son was being treated through the ECHS polyclinic at Rajouri since 2009. In 2012, the Commandant of 150 General Hospital at Rajouri issued him a certificate for 100 percent disability on account of chronic kidney disease.
When the son’s medical condition, who was then about 32 years old, dictated the need for a transplant, he approached the ECHS Polyclinic at Mohali for a reference to a local private hospital, but the same was refused.
The ECHS authorities referred to two letters issued by the Army Headquarters in August 2018 and September 2018, according to which only soldiers with disabilities mentioned in the PWD Act were eligible for treatment if they were over 25 years of age.
“In view of the foregoing stand taken by the Union of India, the question arises whether treatment under the ECHS can be restricted only to those disabilities mentioned in the PWD Act,” the Bench said while issuing a suo motto notice.
“Prima facie, this appears to be patently erroneous because the statute referred to has been framed for the purpose of integrating people with disabilities into mainstream society. For this purpose, certain ailments/diseases may have been highlighted in the Act considering high prevalence in society. These statutes cannot be referred to for limiting treatment under a scheme framed for benefit of ex-servicemen,” the Bench said.
