Mohan Lal Gupta v. Union Of India

HONBLE MR. SANJEEV KAUSHIK , MEMBER (J)

1. Heard.

2. The applicant, who has retired as Sub Postmaster from Department of posts is settled at Ambala. He incurred an expenditure on his medical treatment to the tune of Rs.2,88,510.50. His claim for reimbursement was declined on the premise that the Central Services (Medical Attendance) Rules, 1944, do not apply to retired employees. He has, thus filed this Original Application for quashing of rejection orders dated 9.3.2015 (A-1) and 9.2.2015 (A-2) on the premise that such kind of objection taken in earlier cases has already been turned down by this Tribunal in various cases including in O.A.No. 1559-HR-2013  Chuni Lal Dua Vs. Union of India & Others, decided on 30.1.2014. In that case placing reliance on judicial pronouncements on the issue including O.A.No. 891-HR-2013 (Jagdish Chander Anand Vs. Union of India etc) decided on 30.10.2013, the Court held that retiree was entitled to reimbursement of medical expenditure at PGIMER rates and rejection orders were also quashed and set aside.

3. Mr. Ram Lal Gupta, Senior CGSC, appearing on behalf of the respondents could not dispute about the proposition of law canvassed by learned counsel for the applicant that the issue indeed stands clinched in favour of persons like the applicant to the extent of grant of benefit of medical expenditure at package rates.

4. In view of the admitted position that the issue stands settled at length by a co-ordinate Bench of this Tribunal in the case of Chuni Lal Dua (supra), we need not delve over the issue all over again and finding that the instant O.A. is covered by the view taken in that case on all fours, it is also disposed of in the same terms. The impugned orders, Annexures A-1 and A-2 are accordingly quashed and set aside. The respondents are directed to consider the claim of the applicant for grant of medical reimbursement at PGIMER/AIIMS rates and pass necessary orders and release due benefit within a period of two months from the date of receipt of a certified copy of this order.

5. The claim of the applicant for grant of full medical reimbursement, however, shall stand rejected.

6. The parties are left to bear their own costs. (SANJEEV KAUSHIK) MEMBER (J) (RAJWANT SANDHU) MEMBER (A) Place: Chandigarh Dated: 04.08.2015 O.A.No.060/00291/2015