NATIONAL INSTITUTE OF AYURVEDA Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) By way of the instant writ petition, the petitioner has implored to quash and set aside the order dated 10th February, 2011, whereby the learned Central Administrative Tribunal, Jaipur Bench, Jaipur, allowed the Original Application filed by the applicant-respondent no.2 Shambhu Prakash Sharma and directed the non-applicant-petitioner to calculate the admissible amount of reimbursement and reimburse the same to the applicant-respondent no.2, within a period of three months from the date of receipt of the order.

(2.) The facts, leading to the instant writ petition, succinctly run as under:-

(3.) Learned counsel for the petitioner canvassed that agreement, having taken place between the Government of Rajasthan, Central Government and the National Institute of Ayurveda, was not applicable to the case of the applicant-respondent no.2, as he was absorbed in the services of Institute on 1st January, 1979. Apart this, there was no provision in the said agreement regarding medical facilities after retirement. Learned counsel further canvassed that the services of the employees of the Institute were governed by the Service Rules and the Bye-laws and where the services and bye-laws were silent, the rules of Government of India were applicable mutatis mutandis. Therefore, neither terms of agreement were applicable to the applicant-respondent no.2 nor the existing rules permitted the medical bills to be reimbursed to the pensioner respondent no.2. The Central Administrative Tribunal, relying upon the judgment of Gujarat High Court has allowed the applicant-respondent no.2's application and directed the petitioner Institute to reimburse the admissible amount of medical bills, within the stipulated period, whereas the rules and bye-laws do not allow the same. Learned counsel further canvassed so far as the payment made to late Shri L.N. Sharma, Ex-Director of the Institute is concerned, it was in exceptional circumstances, as a special case and while allowing the reimbursement to late Shri L.N. Sharma, it was made clear by the governing body specifically in the minutes that it would not be a precedent in future. The Central Administrative Tribunal, did not attend these peculiar facts and exceptional circumstances and sans assigning any cogent reason, arbitrarily allowed the respondent no.2's application and further allowed the reimbursement of the medical bills to the applicant-respondent no.2, contrary to the rules. Hence, the impugned order, being bad in law, deserves to be set aside.