CWP No.2877 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP NO.2877 OF 2008 DATE OF DECISION: 27-02-2008 Principal Controller of Defence Accounts, Western Command, Chandigarh and another .....PETITIONERS VERSUS Central Administrative Tribunal, Chandigarh Bench, Chandigharh and others. .....RESPONDENTS CORAM:- HON'BLE MR.JUSTICE HEMANT GUPTA HON'BLE MR.JUSTICE MOHINDER PAL PRESENT: Mr. D.R.Sharma, Advocate for the petitioners. HEMANT GUPTA, J. The challenge in the present writ petition is to the order dated 04-01-2007 (Annexure P3) passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (hereinafter referred to as 'the Tribunal') and order in review dated 24-04-2007 (Annexure P4). The learned Tribunal has allowed the Original Application filed by the applicant-respondent No.2 herein for directing the respondents to release the balance amount of Rs.1,04,438/-, out of total amount of Rs.2,40,000/- spent by the applicant on the treatment of his wife. The petitioner has granted reimbursement of the medical CWP No.2877 of 2008 2 expenses to the extent of Rs.1,35,562/- on the basis of sanction granted by the Director of Health and Family Welfare, Punjab, Chandigarh as per prevalent rates in the AIIMS, New Delhi and P.G.I., Chandigharh. Learned counsel for the petitioner has vehemently argued that the medical expenses have been reimbursed as per the communication dated 06-03-2003 appended with the writ petition as Annexure R1 wherein the Director, Health & Family Welfare, Punjab, Chandigarh has sanctioned a sum of Rs.1,35,562/- as the expenses for medical treatment. It is contended that since such letter is not in dispute nor the applicant has challenged the said letter, therefore, the applicant is not entitled to the medical reimbursement over and above the amount is sanctioned by the Director of Health & Family Welfare, Punjab, Chandigarh. It is not disputed that respondent No.2 is a Central Government employee and his claim for medical reimbursement has to be examined as per Central Civil Services (Medical Attendance) Rules, 1944. The sanction granted by the Director, Health & Family Welfare, Punjab, Chandigarh to pay medical expenses, even if competent has to be in terms of the Rules applicable to an employee of the Central Government. Therefore, reliance on the said sanction and to restrict the claim of the medical reimbursement in terms of the Punjab Rules is wholly untenable. The Tribunal was perfectly justified in law in directing the present petitioners to consider the claim of respondent No.2 for medical reimbursement in terms of Central Civil Services (Medical Attendance) Rules, 1944. Learned counsel for the petitioners has referred to order Annexure P5 dated 15-05-2007 whereby the respondents have considered the claim of medical reimbursement in terms of the directions of the CWP No.2877 of 2008 3 Tribunal. It has been declined for the reason that the claim of the applicant has been restricted to Rs.1,35,562/- by the Director of Health & Family Welfare, Punjab, Chandigarh. Therefore, no further payment can be made to respondent No.2. The said communication is in fact nothing but is violation of the order passed by the Tribunal. Once the claim of the applicant has been allowed to be considered under the terms of the Central Civil Services (Medical Attendance) Rules, 1944, the claim of the applicant could not be restricted to the one sanctioned by the Director, Health & Family Welfare, Punjab, Chandigarh in terms of the Punjab Rules. Such communication is nothing but to avoid the order passed by the Tribunal and thus the reliance on such communication is wholly illegal and in fact contemptuous. In view of the said fact, we do not find any illegality or irregularity in the order passed, which may warrant any interference by this Court in exercise of its writ jurisdiction. Dismissed. (HEMANT GUPTA) JUDGE ( MOHINDER PAL ) February 27, 2008 JUDGE jt