J.K. SAWHNEY Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) The present Letters Patent Appeal has been filed challenging the judgment and order dated 19th April, 2010 passed by the learned Single Judge in W.P.(C) No.6744/2007 whereby the learned Single Judge has dismissed the writ petition filed by the appellant.

(2.) The brief facts of the case are that the appellant was an employee of the respondent-Bank and he retired from services on 05th February, 2006. After his retirement, he developed acute heart problem and incurred expenses of Rs.3,14,487/- on his treatment at Escorts Heart Institute. The appellant requested for reimbursement of medical expenses from the respondent-Bank which was declined on the ground that there was no such scheme for reimbursement of medical expenses to the retired employees of the respondent-Bank.

(3.) Mr. Piyush Sharma, learned counsel for the appellant submitted that the right to health and medical care is an integral part of right to life which is a fundamental right of every citizen under Article 21 of the Constitution of India. He further submitted that the powers of the High Court to issue writ of mandamus are of wide import and they must be available to reach injustice wherever it is found. According to him, technicalities should not come in the way of granting relief under Article 226 of the Constitution. He submitted that it is within the competence of the High Court to direct the respondent-Bank to formulate a scheme for reimbursement of the medical expenses to the retired employees of the respondent-Bank. In this context, Mr. Sharma placed reliance upon Apex Court's decisions in Food Corporation of India & Ors. Vs. Parashotam Das Bansal & Ors., 2008 5 SCC 100 and Cannanore District Muslim Educational Association vs. State of Kerala, 2010 6 SCC 373.