PRABHUDAS PATEL Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicant is a retired official of the Department of Posts. This is a 2nd round of litigation in this particular forum. In an earlier round of litigation the applicant had approached this Tribunal to obtain an order for reimbursement of medical expenses incurred much after he retired from service. This Tribunal passed an order in his favour in OA. No. 194/2004 dated 7.10.2004. It appears that this matter was taken up for appeal by the respondents in that said OA all the way to Hon'ble Supreme Court, where the orders of this Tribunal finally were upheld. The applicant claims despite the order in his favour, the applicant has not received the amount due so far. He has, therefore, requested the following reliefs: -

(2.) IN their reply the respondents have stated that contrary to what is claimed in the application, the applicant was paid a sum of Rs. 69,007/ - on 18.2.2013 after submitting an undertaking to the department. A copy of this undertaking dated 18.2.2013 has been produced as Annexure R -1. The respondents have stated that Krishna Heart Institute, Ahmedabad, where the applicant underwent treatment, is a facility recognized by Government. The applicant had submitted a claim for reimbursement of Rs. 1,29,646.92 whereas he is entitled to payment of only a sum of Rs. 69,006.92 as per the Medical Attendance Rules. They have also produced a chart giving the details of various claims submitted by the applicant vis -a -vis and the admissible rate as per CSMA rules at Annexure R -2. The respondents have taken objection to the fact that all though the applicant had accepted payment of the admissible sum on 18.2.2013, he then went on to file the present E.A. on 27.2.2013. They claim that the applicant has suppressed this information. They further state that having accepted payment of Rs. 69,007.00 towards him claim without any objection, the applicant cannot now re -agitate the same issue before the Tribunal

(3.) THE order of this Tribunal in OA. No. 194/2004 dated 7.10.2004 was to direct the respondents to reimburse the admissible amount within 2 months of the receipt of the order. The respondents have also quoted the instructions of the Government of India in M.H., O.M. F. No. S. 14025/7/2000 -MS, dated the 28th March, 2000, which states that: