IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No.996 of 2001(O&M) Date of decision: 26.11.2009 IC3233 Lt. Col. Madan Lal Kohli (Retd.). -----Appellant Vs. Union of India and others. -----Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE GURDEV SINGH Present:- None. --- ORDER: 1. This order will dispose of LPA No.996 of 2001 filed by original writ petitioner and LPA No.1790 of 2001 filed by Union of India and others, the original respondents, arising out of same order of learned Single Judge on the claim for medical reimbursement. 2. The petitioner retired from Army in the year 1973. In 1994, he suffered from Angina and was admitted to Army Hospital and thereafter open heart surgery was performed at Escort Hospital. He made a claim for reimbursement of Rs.2,12,850/-, out of which, claim to the extent of Rs.1 lac was accepted and the LPA No.996 of 2001 claim for rest of the amount was rejected, against which writ petition was filed. 3. Stand of the respondents was that claim of the appellant was accepted in his capacity as member of the Army Group Insurance Fund and under the rules, maximum admissible claim was Rs.1 lac and there was no provision for any further claim. 4. Learned Single Judge held that even though there was no rule for medical reimbursement, the appellant was entitled to reimbursement at the rates applicable to All India Institute of Medical Sciences (AIIMS) rates. Accordingly, direction was issued that if any amount was payable at AIIMS rates beyond Rs.1 lac, which had already been paid, the same be paid to the appellant within three months, failing which the amount will carry interest @ 12% per annum. 5. In the grounds of appeal filed by the petitioner, it has been submitted that the appellant was entitled to the entire amount. 6. We are unable to accept the submission. 7. In Confederation of Exservicemen and others v. Union of India and others, (2006) 8 SCC 399, the Hon'ble Supreme Court held that though medical aid is fundamental right of all citizens, amount of aid depended on availability of resources. No right was absolute and provision could be made limited to the extent to which claim for reimbursement was to be 2 LPA No.996 of 2001 met. Irrespective of the question whether the claim could be accepted for expenses at AIIMS rates, we do not find any ground to grant any further relief. 8. In the appeal of Union of India i.e. LPA No.1790 of 2001, it has been stated that the writ petitioner was not entitled to any amount beyond his entitlement as per rules. 9. Even though this may have required some consideration, we find that while admitting the appeal, no stay was granted. The amount, as per directions of learned Single Judge must have already been paid. In these circumstances, we do not find any ground to interfere. 10. In view of above, both the appeals are dismissed. (ADARSH KUMAR GOEL) JUDGE November 26, 2009 ( GURDEV SINGH ) ashwani JUDGE 3