Union Of India, The ... v. The Secretary, Minis...

JUDGMENT

Thottathil B. Radhakrishnan

The respondent, employed in the Central Exercise Department, retired in October 1978. Thereafter, his wife had a cardiac episode. That led to some surgical procedures. After discharge from the hospital, the respondent claimed reimbursement. That request was refused by the establishment. The Tribunal granted the benefit on the basis of an OM issued in 1998 by the Ministry of Health. The establishment is before us.

2. While the employees stood by the aforesaid OM issued by the Ministry of Health, the Department of Expenditure in the Ministry of Finance had not concurred with that decision of the Ministry of Health and Family Welfare. The Department of Expenditure clearly came out against the aforesaid OM. This Court, in WP(C) No:1977/2005, upheld the stand taken by the Department of Expenditure and held that the benefit would not accrue to persons similar to the respondent herein and no reimbursement could have been granted without the concurrence of Department of Expenditure in the Ministry of Finance. Under such circumstances, the writ petition succeeds.

In the result, this writ petition is allowed. The impugned order is quashed. No costs.