SOMDUTT Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) This order shall dispose of RSA Nos. 3109 and 1728 of 2010 as common questions of law and facts are involved in both the appeals. For reference, facts are taken from RSA No. 3109 of 2010. The judgment dated 23.12.2009 passed by the first Appellate Court, accepting the appeal filed by the defendants respondents (hereinafter referred as 'the defendants') against the judgment and decree dated 24.01.2009 passed by the trial Court, decreeing the suit of the plaintiff-appellant (hereinafter referred as 'the plaintiff'), is under challenge.

(2.) The plaintiff filed a suit for declaration with consequential relief of mandatory injunction claiming that he was posted as Executive Officer, Municipal Council, Rewari and was retired on 31.03.2000. On account of some disease, he remained admitted in Escort Heart Institute and Research Centre, New Delhi and spent huge amount on his treatment. After having discharged from the hospital, he submitted medical bills for reimbursement to the tune of Rs. 81,203/- in the month of June, 2006, which were forwarded by defendant No. 3 vide letter dated 26.06.2006 to defendant No. 2 for necessary approval. Thereafter, he made various representations in that regard, but his bills were not reimbursed.

(3.) Upon notice, the defendants filed written statement, wherein they took preliminary objections with regard to maintainability of the suit, locus standi, estoppel, cause of action etc. It was submitted that the defendants never caused delay in making the payment of the medical expenses. It was further submitted that, in fact, the bills amounting to Rs. 67893/- were sent to the competent authorities for approval, but as the bills were not submitted on essential form, therefore, some objections were raised and payment could not be released.