SURENDER KUMAR Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The petitioner has retired on 3.4.2004 as Assistant Security Commissioner, Railway Protection Force, Northern Railways, Varanasi and settled at Chandigarh. He has filed this petition under Article 226 of the Constitution seeking quashing of order dated 18.5.2005 (Annexure P-4) passed by Chief Health Director, respondent No. 2 refusing to reimburse the medical claim of the petitioner for the medical treatment taken by him during the period from 3.1.2003 to 12.1.2003.

(2.) As per the impugned order the petitioner has been denied the medical reimbursement on the ground that the scheme of Retired Employees Liberalised Health Scheme-1997 (for short 'RELHS-1997') was opened till 31.3.2002 and the petitioner had deposited Rs. 10,475/- vide C.R. No. 516448 dated 22.7.2002 of his own and obtained medical card without adhering to the policy guidelines, as such the Medical I. Card (RELHS) is invalid.

(3.) The plea taken by the respondents in the written statement filed pursuant to the notice of motion issued is that the petitioner had wrongly obtained RELHS medical card after his retirement whereas as per RELHS-1997 the petitioner was required to apply atleast three months prior to the date of his retirement. As per RELHS-1997, the medical card (Annexure P-1) is, therefore, invalid. It is averred in the written statement that the scheme was reopened for pre 1997 retirees vide Annexure P-5 and again on 28.1.2005 uptill 31.12.2005. The petitioner was advised by respondent No. 4 to deposit the invalid medical card and get a new medical card made under this scheme vide letter dated 25.5.2005 (Annexure R-4/6). The petitioner has undertaken the treatment in 2003, as such he cannot avail the medical reimbursement under the Scheme (Annexure P-6).