HARBHAJAN SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Material facts necessary for the adjudication of this petition are that the petitioner was appointed as Dyeing Master in Government Weaving Centre, Mandi in the month of December, 1957. He has served Industry Department till 1970. He was granted pension vide PPO No. 3980/H.P. since, 1970. He was absorbed in Himachal Pradesh State Small Industries & Export Corporation Limited. He superannuated in the year, 1993. He gave his option to claim medical claim/reimbursement from Industry department on 21st July, 1983 (Annexure A-7). He submitted two medical bills for reimbursement.

(2.) The same were sanctioned on 20th October, 1993 and 28th March, 1994. He was informed on 23rd April, 1996 by the Additional Director Industry (Administration) that as per office order of Government of Himachal Pradesh issued on 8.11.1994, the department cannot pay medical reimbursement claim. The fact of the matter is that petitioner's medical bills were not reimbursed. He has also taken up the matter with the Secretary (Health). The Secretary (Health) has informed the Secretary (Industries) on 05.08.1997 that in view of letter dated 08.11.1994, petitioner was entitled to get reimbursement from the Corporation.

(3.) Mrs. Ranjana Parmar, learned counsel for the petitioner has vehemently argued that action of the respondent not to reimburse the medical bills is contrary to law. She then contended that the petitioner has fundamental right to health. under Article 21 of the Constitution of India. She further contended that letter dated 08.11.1994 is prospective in nature and could not be applied retrospectively to her client. Mr. R.K. Sharma, learned Senior Additional Advocate General has argued that petitioner is entitled to get reimbursement from the Corporation on the basis of letter dated 08.11.1994 (Annexure R-1).