D.B. Civil Writ Petition No. 6802 of 2011 and D.B. Civil Misc. Stay Application No. 6176 of 2011. Case: National Institute of Ayurveda Vs Central Administrative Tribunal, Jaipur & Ors.. Rajasthan High Court

Case NumberD.B. Civil Writ Petition No. 6802 of 2011 and D.B. Civil Misc. Stay Application No. 6176 of 2011
CounselFor Appellant: M.D. Agarwal, Adv. And For Respondents: Rajendra Prasad, Adv.
JudgesNarendra Kumar Jain-I and Mahesh Bhagwati, JJ.
IssueService Law
Judgement DateDecember 19, 2011
CourtRajasthan High Court

Judgment:

Mahesh Bhagwati, J.

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

    That the applicant-respondent no. 2 Shambhu Prakash Sharma was initially appointed as Up-Vaidya in the Ayurveda Department of Government of Rajasthan on 18th July, 1956. On the establishment of National Institute of Ayurveda (hereinafter referred in short as 'Institute'), the services of the applicant-respondent no. 2 were permanently transferred and he was absorbed as UDC with the above Institute w.e.f. 1st January, 1979. After attaining the age of superannuation, he retired from the services on 31st March, 1994, from the post of office Assistant.

    It is also revealed that the wife of applicant-respondent no. 2 Smt. Shakuntala Devi Sharma fell ill and underwent an open heart surgery in Tongiya Heart & General Hospital, Jaipur, in an emergent situation and remained hospitalized w.e.f. 11th December, 2007 to 31st December, 2007. The applicant-respondent no. 2, as a pensioner, submitted a medical bill amounting to Rs. 2,24,487/- for reimbursement to the Institute on 19th March, 2008 along with the application in a prescribed format with the details of expenditure and the medical bills. The applicant-respondent no. 2 was not given any response by the Institute. Thereafter, he made his personal appearance to the concerned Authority and beseeched to reimburse medical bills of Rs. 2,24,487/-, but he was orally informed that the pensioners of the Institute were not entitled for any medical care or reimbursement. The applicant-respondent no. 2 quoted an example of one late Shri L.N. Sharma, Ex-Director of the Institute, who was reimbursed the medical bills incurred by him after his retirement by the petitioner-Institute, but the applicant-respondent no. 2 was not given any heed to it. Aggrieved with the conduct of the concerned Authority of the institute, he preferred a writ petition in the High Court, which was transferred to the...

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