UNION OF INDIA Vs. KAPILRAJ J UPADHYAY

JUDGEMENT

(1.) This petition is filed under Articles 226 and 227 of the Constitution of India, in which, the petitioners have challenged the order dtd. 11/4/2022 rendered by the Central Administrative Tribunal, Ahmedabad Bench (hereinafter referred to as "the Tribunal") passed in OA No.341/2020, whereby the Tribunal has quashed and set aside the order passed by the present petitioners and direction has been issued to the petitioners to reexamine and reconsider the medical bills of the present respondent - original applicant for reimbursement.

(2.) Heard learned advocate, Mrs. K.G. Raval for the petitioners and learned advocate, Ms. Vilas Purani for the respondent.

(3.) Learned advocate, Ms. Raval appearing for the petitioners submitted that the respondent is a Postal Pensioner retired on superannuation w.e.f. 31/5/2015 from Rajkot Junction Plot P.O. and after the retirement, the respondent preferred claim for medical expenses incurred for his wife's medical treatment, however, the concerned petitioner rejected his claim on 16/1/2020 on the ground that as per Rule 1(2) Note-2(iv) of the Central Services (Medical Attendance) Rules, 1944 (hereinafter referred to as "the Rules of 1944), the petitioner, who is retired government official, is not entitled for the reimbursement of the medical claim. It is submitted that the respondent challenged the said decision by filing OA No.341/2020 before the Tribunal and the Tribunal, vide impugned order dtd. 11/4/2022, allowed the application submitted by the respondent herein and, thereby the aforesaid direction has been issued to the petitioners and, hence, the petitioners have preferred the present petition.