IPO

To
The President / General Secretary,
West Bengal Government Employees’ Federation (WBGEF),
Kolkata.

Subject: Urgent request for intervention and legal action on behalf of 2,80,500 Super Senior Citizen Pensioners enrolled under WBHS for reimbursement of arrear dues.

Respected Sir,
We, the undersigned Super Senior Citizen Pensioners of the Government of West Bengal, most humbly approach your esteemed Federation seeking your urgent intervention in the matter of non-payment of arrear dues under the West Bengal Health Scheme (WBHS).
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1. Why We Approach Your Federation
1. The West Bengal Government Employees’ Federation has historically been the most effective collective platform for safeguarding the rights of government employees and pensioners.
2. Your Federation has already achieved historic success in the Dearness Allowance (DA) case, where both the Hon’ble Calcutta High Court and Hon’ble Supreme Court upheld the rights of employees and pensioners. This landmark victory has established your Federation’s credibility, strength, and ability to fight effectively against arbitrary State action.
3. In light of this, we firmly believe that your Federation is the best-suited body to lead the legal battle for pensioners enrolled under WBHS.
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2. Magnitude of the Present Crisis
1. As of August 2025, approximately 2,80,500 pensioners across West Bengal are enrolled under WBHS.
2. Each one of them has been deprived of:
o The medical allowance of ₹1,000/- per month otherwise payable to pensioners, and
o The Swasthya Sathi Scheme benefits.
WBHS is therefore their sole lifeline for healthcare support.
3. If the State Government continues to withhold arrear reimbursements, this vast population of pensioners — many of them in the super senior citizen category (75+ years) — will be pushed into serious financial and medical hardship.
4. Considering the skyrocketing medical costs of ICU, ITU, ventilator care, and chronic illness management, failure to reimburse arrears immediately will cause irreparable harm to nearly three lakh families across West Bengal.
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3. Facts of the Case
1. Despite fulfilling all conditions and submitting required documents (Annexure I, Form CI, prescriptions, medical bills, and reports both online and physically), reimbursements remain unpaid for years.
2. Pensioners are being harassed through arbitrary objections, such as:
o Demands for irrelevant old medical reports (even 10 years back).
o False claims that bills are “missing.”
3. Even departmental staff informally admit that the Government is withholding claims citing lack of funds, which is an untenable and unlawful justification.
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4. Legal Grounds for Federation’s Intervention
1. Article 21, Constitution of India – Denial of medical reimbursement violates the fundamental right to life and health (Paschim Banga Khet Mazdoor Samity vs. State of WB, 1996; State of Punjab vs. Mohinder Singh Chawla, 1997).
2. Article 14 – WBHS pensioners are subject to discrimination: denied both medical allowance and Swasthya Sathi, while simultaneously denied reimbursement. Such arbitrary exclusion is unconstitutional.
3. Senior Citizens Act, 2007 – Section 4 mandates protection and welfare of senior citizens. Withholding medical dues is willful neglect.
4. Consumer Protection Act, 2019 – WBHS is a public service; harassment and delay amount to deficiency in service.
5. Doctrine of Promissory Estoppel – The State, having invited pensioners to enroll under WBHS, cannot deny its commitments citing financial constraints (Union of India vs. Anglo Afghan Agencies, AIR 1968 SC 718).
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5. Humanitarian Grounds
• Pensioners in their 70s, 80s, and 90s are facing huge medical bills without reimbursement.
• Non-payment of arrears is forcing many into debt and indignity.
• With 2,80,500 pensioners affected, this is not merely an administrative lapse but a humanitarian crisis of alarming proportions.
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6. Request for Immediate Action
We respectfully request your Federation to:
1. File an urgent writ petition/PIL before the Hon’ble Calcutta High Court demanding immediate clearance of all arrear dues under WBHS with interest.
2. Demand that WBHS pensioners be treated on par with others and not discriminated against by exclusion from medical allowance and Swasthya Sathi.
3. Seek directions for creation of a time-bound, transparent grievance redressal system to prevent recurrence of such harassment.
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7. Prayer
Just as your Federation ensured justice in the DA case, we are confident that under your leadership, this battle too can be won.
We therefore earnestly appeal to your Federation to take up this cause on behalf of 2,80,500 helpless pensioners, so that they may live their remaining years with dignity and security.
With highest regards,

Yours faithfully,
(On behalf of WBHS Super Senior Citizen Pensioners)

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