Hari Dev Kumar Parti v. Union Of India

HONBLE MR. JUSTICE S.D.ANAND, MEMBER(J):-

1. A claim raised by the applicant herein, for medical reimbursement in respect of the treatment obtained by his wife, was negatived by the competent authority on the premise that the CS(MA) Rules are not applicable to the retired employees. It is that order which is under challenge at the hands of the applicant herein.

2. An identical controversy came up for adjudication before this Bench in OA. 904/CH/2011 titled Inder Sain Sachdeva Vs. UOI which came to be allowed in favour of the applicant therein vide order dated 2.12.2011. In addition thereto, the learned counsel for the applicant also points out that wife of the applicant had, in this case, obtained treatment from a health institution which has been empanelled by the Government of Punjab as well.

3. In Inder Sain Sachdeva (supra), the treatment had been obtained from a hospital which was not even empanelled in the Govt. list of health institutions. It, thus, makes the case of the applicant all the more stronger.

4. We have put the apparent identical character of the controversy in this OA and the OA No. 904/CH/2011 to the learned counsel for the Respondents who nods concurrence with our view.

5. The OA shall stand disposed of accordingly. The applicant is held entitled to the reimbursement of a sum of Rs. 1,90,838.04. The disbursement of the relevant amount must come about within one month from the date a copy of the order is presented in the office of the competent authority. We are, however, not inclined to award interest on the medical reimbursement amount in view of the fact that the grant of interest has not been approved by the Honble Apex Judicial Dispensation in cases aplenty.

6. Disposed of accordingly. (JUSTICE S.D.ANAND) MEMBER(J) (RANBIR SINGH) MEMBER(A) Dated: July 6th, 2012 (OA No. 583/PB/2012)