Medical Charges Government Retired Employees CAT Case

Last Updated on August 26, 2021 by Satish Mishra

Medical Charges Government Retired Employees CAT Case wherein court answered whether they are entitled for reimbursement.

DHARAM PAL v. UNION OF INDIA & ORS.

The petition was filed before the Central Administrative Tribunal, Chandigarh bench, where the applicant challenged the impugned order which was rejected for the reimbursement of his medical charges on the plea that retired govt. employees are not covered under the CA (MA) Rules, 1944.

APPLICANT:

MES No. 368158 Dharam Pal (Retd FGM HS I), aged 68years son of Sh.Badri Ram, 22/1 Punjabi Bagh Behind B.D.Flour, Ambala Cantt – 133001.

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RESPONDENTS:

Union of India through Secretary, Ministry of Defense, South Block, Army HQ, New Delhi – 110001
The Engineer-in-Chief, Army HQ, Kashmir House, New Delhi – 110001.
The Chief Engineer Western Command, Chandimandir-134107.
The Garrison Engineer (Utility) Ambala Cantt-133001.
Principal Controller of Defense Accounts (Western Command) Sector 9,Chandigarh – 160009.

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QUORAM:

Hon’ble Mr. Sanjeev Kaushik, Member (J)

FACTS:

The applicant filed the petition before the court in the claim for medical reimbursement that was rejected on the plea that retires govt. employees are not covered under the CS (MA) Rules, 1944.

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ARGUMENTS BY THE COUNSEL FOR THE APPLICANT:

It was argued by the learned counsel for the applicant that the impugned order is

contrary to the law settled by this Court and affirmed by the Hon’ble High Court of Punjab and Haryana in the case of Union of India and Others Vs. Mohan Lal Gupta and Another, 2018 (1) SCT 687, as also against the ratio laid down by the Hon’ble Supreme Court in the case of Shiva Kant Jha Vs. Union of India. Attention was also drawn to a similar case, titled Raj Kumar Vs. Union of India and Others, which was decided by this court on 12.04.2019. Therefore, it was prayed that the impugned order be quashed and set aside, and the respondents be directed to reimburse the amount of medical claim of the applicant.

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JUDGEMENT:

It was decided by the court, after going through the pleadings, impugned order and judgments relied upon including the one passed by this Court in the case of Raj Kumar (supra), the impugned order dated31.08.2020is hereby quashed and set aside. The matter is remitted back to the respondents tore-appreciate the mater in view of judicial pronouncements afore mentioned, holding that the retired employees are covered under CS (MA) Rules, 1944. The needful bedone within a period of two months from the date of receipt of a copy of this order.

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This post is written by Gopika Thakur.

For case specific advice, please contact Chandigarh Administrative Tribunal/Service Matter/Labour and Service/CAT/Legal Aid/Administrative/Senior/Service Employment Lawyers Advocates in Chandigarh Panchkula Mohali Kharar Derabassi Zirakpur etc.