SHRI MAGANBHAI G. NINAMA Vs. UNION OF INDIA, THROUGH THE CHIEF POSTMASTER GENERAL AND THE POSTMASTER GENERAL, VADODARA REGION

JUDGEMENT

(1.) APPLICANT , a retired SSRM was working in the Postal Department under the respondents. He retired from service on 28 -2 -2005. On 22 -9 -2007 he suffered severe heart attack and had to undergo bye -pass surgery in a private hospital, incurring a huge expense of Rs. 1,68,000/ -. He submitted Annexure -A/1 representation dated 27 -6 -2013 requesting for reimbursement of the medical expenses incurred by him. The respondents rejected the claim vide Annexure -A communication dated 05 -7 -2013. Hence he has approached this Tribunal for the following reliefs:

(2.) HEARD Mr. P.H. Pathak, learned counsel for the applicant and Mr. Joy Mathew, learned counsel for the respondents. Perused the records. At the outset of his arguments Mr. Pathak submitted that his challenge is on Annexure -A communication. Annexure -A reads as follows:

(3.) ON perusal of records it can be seen that the applicant both in the O.A. as well as in the rejoinder filed by him has clearly stated that he has been waiting for the outcome of the similarly situated cases filed by the retired employee for claiming reimbursement of medical expenses and that on finding that the aforesaid SLP was dismissed by the apex court he sent Annexure -A/1 representation to the respondents citing the decision of the apex court. He has also annexed a list of pensioners who received reimbursement of medical bills as per orders of the Supreme Court of India. Annexure -A/1 representation was filed by the applicant on 27 -6 -2013. It appears from the above conduct that the applicant was waiting for the decision of the Supreme Court on the matter and that till then he was not sure whether his claim would be acceded to by the respondents.