P S NOOR Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) The claim for reimbursement of the medical expenses incurred by the appellants has been rejected against which appellants have preferred writ petitions before the High Court but those writ petitions happened to be dismissed by a Division Bench of the High Court on the strength of the instructions issued by the Government dated 8-7-1999. Learned counsel for the appellants submits that the High court should have considered the instructions of the Government dated 13-2-1995 regarding "reimbursement of the claim of the pensioners for the treatment taken in recognised hospitals/govt. referral hospitals etc. " It was pointed out by Mr. Mukul Rohtagi, learned addl. Solicitor General that the said instructions had not even been brought to the notice of the High Court when the argument was addressed, instead it was highlighted only when the review petition was filed. We do not think it proper to stand on any such technicality since it is a claim for reimbursement of the medical expenses. In order to facilitate the appellants for urging their claim on the strength of the instruction dated 13-2-1995 mentioned above we set aside the impugned order. Now it is upon to the appellants to urge their claim either on the strength of the aforesaid instructions or on any other basis. The writ petitions will be disposed by the High Court afresh. These appeals are disposed of accordingly. Appeals disposed of accordingly.