Confederation of Ex-Servicemen Associations & Ors vs Union of India

 Confederation of Ex-Servicemen Associations & Ors vs Union of India - Supreme Court Case Summary of Leading Case - 


On 22nd August, 2006, a Constitution Bench in Confederation of Ex-Servicemen Associations & Ors vs Union of India & Ors. [Writ Petition (Civil) No.210 of 1999] held that “getting free and full medical facilities is not a part of fundamental right of ex-servicemen”. It held “ultimately the State has to cater to the needs of its employees—past and present. It has also to undertake several other activities as a ‘welfare’ State. In the light of financial constraints and limited means available, if a policy decision is taken to extend medical facilities to ex-defence personnel by allowing them to become members of contributory scheme and by requiring them to make ‘one time payment’ which is a ‘reasonable amount’, it cannot be said that such action would violate fundamental rights guaranteed by Part III of the Constitution.”

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