PRATAP CHAND CHASWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) By our order dated 8.1.2003, we had disposed of the Writ Petition with the directions as indicated therein. We had in particular directed the respondents to take, as expeditiously as possible, a decision in accordance with law on the opinion rendered by the CAG, which decision in any case was to be taken on or before 20.1.2003 and to act upon the said decision forthwith for which it was for the respondents to approach the Ministry of Finance well in advance for release of the requisite funds. We had also taken on record the undertaking given on behalf of the members of the association of Chemists that they would resume supply of medicines with effect from 10.1.2003 subject to the decision to be taken by the respondents as mentioned above. We had also expressed our hope and expectation that considering the urgency, the Ministry of Finance would sympathetically consider the request made by the respondents for release of requisite funds. We had also directed that upon release of funds by the Ministry of Finance, the respondents were to ensure that the payments of the outstanding bills of the members of the Association were released forthwith. As regards reimbursement to the pensioner beneficiaries, we directed the respondents to continue to take steps to have the said matter expedited by preparing the cheques and handing over the name to the respective dispensaries/hospitals.

(2.) After we had disposed of the matter as aforesaid, an application being CM No. 995/2003 was moved on behalf of the CGHS Chemists Association wherein they prayed for a direction from this Court requiring the respondents to forthwith release the payments of bills which had been outstanding for 4 1/2 months and also to release the withheld amount of 10% of the value of the bills. When CM No. 995/2003 came up for hearing on 3.2.2003, we issued notice and the same was accepted by the counsel for Union of India. We further directed that a responsible officer on behalf of the respondent No. 1 and in particular fhe Joint Secretary, CGHS, Ministry of Health, Government of India be present In the Court on the next date, i.e., 10.2.2003 and that it be ensured that before such date steps were taken to clear the outstanding bills.

(3.) In the meanwhile, an application, CM No. 1628/2003, was filed on behalf of the respondent, Union of India for modification of order dated 3.2.2003 to the extent that the presence of the Ministry officials as directed by the said order dated 3.2.2003 be dispensed with in view of the decisions of the Ministry as per copy of the Minutes dated 31.1.2003 and the steps already taken by the respondents as noted in the said application (CM No. 1678/2003). This application (CM No. 1678/2003) was posted for hearing today 7.2.2003). Accordingly, the entire matter came up for consideration in which counsel for all the parties were heard and as such we preponed the hearing of the other application being CM No. 995/2003 and accordingly dispose of both the applications by this order.