UNION OF INDIA Vs. RAMESHWAR PRASAD

JUDGEMENT

(1.) Heard learned counsel for the parties. The petitioners are aggrieved against the order of Central Administrative Tribunal, Circuit Bench at Ranchi passed in O.A. No. 193 of 2006 whereby the respondents/petitioners were directed to reimburse the medical bill of the applicant/respondent.

(2.) Learned counsel for the petitioners submitted that the medical reimbursement is governed by the Central Services (Medical Attendance) Rules wherein the retired Government officials have been excluded specifically by making provision in sub-rule 2(iv) of Rule 1. It is submitted that in view of the said Rule the respondent was not entitled to the reimbursement of the medical bill. It is also submitted that there is scheme known as CGHS Scheme. The respondent was entitled to Rs. 100/- per month for the purpose of medical facilities. The respondent was resident of the area covered by the CGHS Scheme. It is also submitted that the respondent when was taking benefit of Rs. 100/- per month, then he was not entitled to any other medical reimbursement.

(3.) Learned counsel for the respondent/applicant submitted that various High Courts have already decided the issue which includes the issue involving the claim of employee who was getting benefit of Rs. 100/- per month and in that case also the Division Bench of the Rajasthan High Court in the case of Bodu Ram Jat vs. State of Rajasthan and Ors.,2006 5 SLR 705 held that such benefit is given for routine medical treatment and it has nothing to do with serious ailment and technicalities should not have been applied by the respondents.