GOBIND THUKRAL Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) A retired member of Haryana Public Service Commission (for short "HPSC") has approached this court to seek reimbursement of his medical claim to which he claims to be entitled to under Haryana Public Service Commission (Conditions of Service) Regulations, 1972 (hereinafter called as the "1972 Regulations"). The claim of the petitioner for medical reimbursement has been declined on the ground that non-official members of the commission are not entitled to medical attendance.

(2.) The petitioner concededly was appointed member of the HPSC from where he retired on 3.7.1997. The petitioner was held entitled to pension which he is drawing. He, thus, claims to be entitled to all the benefits as Ex-member of the HPSC. The petitioner had undergone an operation of his right eye at PGI, Chandigarh. For his admission and treatment, petitioner has incurred expenses of Rs. 13,180.00, the details of which are given in Annexure P-2 annexed with the petition. On 11.7.2007, petitioner submitted his claim for reimbursement of this amount and in response he was apprised that facilities of medical reimbursement are available to the Government employees. This is as per the advise of Chief Secretary, Government of Haryana through his letter dated 12.3.2003 to the effect that nonofficial members of the commission do not fall in the ambit of definition of Government Employee. Copy of this letter is annexed with the petition as Annexure P-3.

(3.) Petitioner thereafter wrote a letter to Chief Secretary on 12.7.2007 pointing out that members of the commission need not be Government employees and the Medical Attendance Rules would be applicable to members of the commission irrespective of the fact whether they have previously been Government employees or not. As per the petitioner, no classification had been made in the rules or in the constitution in regard to the condition of service of the members. The petitioner maintained that neither Articles 311 to 323 of the Constitution nor the rules notified make any distinction between the members drawn from the public or from the Government service. Mention is also made to the definition of members as contained in the Rules notified on 18.8.1972, copy of which has been appended with the petition as Annexure P-4. The Chief Secretary, however, responded by reiterating the stand earlier taken by the commission that non-official members are not entitled to medical attendance. In his communication, Chief Secretary had made a distinction that non- official members of the commission are not Government servants and rather they serve in connection with the affairs of the State. Petitioner, would describe this distinction to be funny. Copy of this communication is on record as Annexure P-5.