CWP No.7208 of 2008 : 1 In the High Court of Punjab and Haryana at Chandigarh. Date of decision: 10.09.2009 Amarjit Singh Ex. Honorary Capt. ... Petitioner. Versus The Union of India and others ... Respondents. CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr. SK Sandhir, Advocate, for the petitioner. Mr.Amarpreet Sandhu, Central Government Standing Counsel, for the respondents. PERMOD KOHLI, J. (Oral): The petitioner joined the Indian Army in 33 Field Regiment as Sepoy on 21.12.1964. He retired in 1993 as Honorary Captain after putting in 28 years of service. During the service period, the petitioner was provided with medical facilities as per the rules of the Army. After retirement, the retired Armed Forces Pensioners were given Rs.100/- per month for purchase of medicines which amount is included in pension payment order. From 01.04.2003 the Ex-Servicemen Contributory health Scheme was introduced to provide Comprehensive and Quality Medical Care covering all diseases to ex-servicemen/pensioners and their dependents. On 01.02.2008, the wife of the petitioner developed heart problem. She was admitted in Apollo Hospital, Ludhiana on 02.02.2008 and remained admitted till 06.02.2008. The petitioner spent a sum of Rs.3,88,588.64 P. on the treatment his wife. He requested the respondents CWP No.7208 of 2008 : 2 for reimbursement of the amount aforesaid. However, the medical claim has been rejected by the respondents vide order dated 17.03.2008 (Annexure P- 7). It is under these circumstances that the petitioner has filed the present writ petition challenging order of rejection of medical reimbursement. It is agreed to by the learned counsel for the parties that the controversy involved in the present writ petition is squarely covered by a Division Bench judgment of this Court in the case of Darshan Singh Rai Vs. Union of India and others, CWP No.11494 of 2007, decided on 13.03.2008, wherein the following observations have been made:- “ A perusal of the above text makes it clear that fixed medical allowance @ Rs.100/- p.m is given to the Central Government pensioners residing in areas not covered by CGHS for meeting day-to-day medical expenses which do not require hospitalization. Therefore, as the petitioner was getting fixed medical allowance of Rs.100/- per month for meeting day-to-day medical expenses that do not require hospitalization, he is entitled to reimbursement of medical expenses for his heart ailment for which he remained hospitalized in Escorts Hospital, New Delhi, and had to undergo by-pass surgery. For the aforesaid reasons, this petition is allowed and the respondents are directed to reimburse the medical expenses incurred by the petitioner during his treatment in Escorts Hospital, New Delhi, equal CWP No.7208 of 2008 : 3 to the rates of A.I.I.M.S., New Delhi.” The aforesaid observations are fully applicable to the present case. The petitioner shall be entitled to the relief as indicated above. Writ petition stands allowed. Let the appropriate relief be granted within a period of three months. No costs. 10.09.2009 (PERMOD KOHLI) BLS JUDGE Note: Whether to be referred to the Reporter? YES/ NO