MOHINDER SINGH Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The petitioner retired as Upper Division Clerk (for short 'U.D.C') from the respondent-Department on April 30, 2001. On July 03, 2005, he was got admitted in Daya Nand Medical College & Hospital, Ludhiana (for short 'D.M.C') for heart ailment. He underwent Coronary Angiography after necessary tests. It has also been mentioned in the petition that the petitioner was further advised to undergo PTCA with stenting to LAD. However, he was in acute shortage of money and, therefore, did not go for PTCA with stunting to LAD. He was discharged from D.M.C, Ludhiana, on July 06, 2005. His treatment is still continuing. He had incurred Rs. 18645/- on his treatment. He sent representation dated September 07, 2005 (Annexure P-2) to the respondent-Department for reimbursement of Rs. 18645/- on account his treatment from D.M.C, Ludhiana. His claim was returned as un-actioned vide letter dated September 27, 2005 (Annexure P-5) with the remark that as Rs. 100/- per month was taken by the petitioner as medical allowance, he was not entitled for reimbursement of medical expenses as there was no provision for it.

(2.) In this petition filed under Articles 226/227 of the Constitution of India, the petitioner has prayed for issuance of a writ in the nature of certiorari, thereby quashing the order dated September 27, 2005 (Annexure P-5). He has further prayed for issuance of a writ in the nature of mandamus directing the respondents to make reimbursement of the medical expenses of Rs. 18645/- and further sanction Rs. 20,000/- for follow up treatment.

(3.) In the written statement filed by the respondents, it has been pleaded that as per the provisions contained in the Central Services (Medical Attendance) Rules, 1944 (for short 'the Rules'), the pensioners who are not residing in the areas covered by the Dispensaries of Central Government Health Scheme (for short 'CGHS') are entitled to medical allowance at the rate of Rs. 100/- per month. This fixed medical allowance of Rs. 100/- per month could be drawn by the pensioner on the basis of an undertaking given by him and a certificate from CGHS authorities that the area is not covered by any CGHS dispensary. The petitioner had given his option for fixed medical allowance of Rs. 100/- per month vide Annexure R-1 as he was residing in an area where no CGHS facilities were available. His option was forwarded to P.C.D.A (P), Allahabad, along with his pension claim papers and the same had been sanctioned by P.C.D.A (P), Allahabad, vide Pension Payment Order dated February 13, 2001. It has been pleaded that case of the petitioner for reimbursement of medical expenses was returned as un-actioned as there was no provision for reimbursement of medical expenses once he had retired from service and was receiving Rs. 100/- per month as medical allowance along with his monthly pension since he was residing in an area where CGHS facilities were not available.