IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No.: 4445 of 2008. Decided on: 11.08.2010. __________________________________________________________ N.N. Jaggi. … Petitioner. Versus State of Himachal Pradesh and others. … Respondents. Coram The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting?1 No. For the Petitioner : Mr. Ashwani K. Sharma, Advocate. For the Respondents : Mr. P.M. Negi, Deputy Advocate General with Mr. R.P. Singh, Assistant Advocate General for respondents No.1 and 2. Mr. Varun Chandel, Advocate vice Mr. Sandeep Sharma, Assistant Solicitor General of India for respondent No.3. Mr. D.K. Khanna, Advocate for respondent No.4. Rajiv Sharma, J. (Oral): The only relief which survives in this petition is with regard to reimbursement of medical claim. The legal questions raised in this petition are no more res integra in view of the principles of law laid down in two judgments rendered by this Court, namely, CWP No.1204 of 2001 titled “State of Himachal Pradesh Vs. Dharamvir Sain and others” and CWP(T) No.4444 of 2008 titled ”M.K. Mahajan versus State of H.P. and others decided on 24th April, 2000 and 24th April, 2010 respectively. The respondent-State has also issued Office Memorandum 1 Whether the reporters of Local Papers may be allowed to see the judgment? No. - 2 - dated 20th December, 2007 regarding medical reimbursement. The text of Office Memorandum dated 20th December, 2007 reads thus:- “The matter regarding extension of medical reimbursement facilities to those employees/pensioners who have been absorbed in the Corporations/Boards and Autonomous Bodies after seeking voluntary retirement from the Govt. departments before attaining the age of superannuation has been engaging the attention of the Government for some time. The issue has been re-considered in consultation with the Finance Department. Now in supercession of this department’s Office Memorandum of even number dated 24-11-1994 the Government has decided to extend medical reimbursement facilities to those pensioners, who have been absorbed in the Corporation/Boards and Autonomous Bodies after seeking voluntary retirement from the Govt. departments, before attaining the age of superannuation where such facilities are not being provided by the concerned Board/Corporation/Autonomous body. These orders shall come into force with immediate effect. This issues with prior concurrence of Finance Department obtained vide their U.O.No.50602644-Fin(C)A(3)/- 4/2005, dated 5-12-2007.” 2. Accordingly, in view of the observations made hereinabove, the petition is allowed. The respondents are directed to consider the case of the petitioner as per law laid down in the two judgments referred to above and Office Memorandum dated 20th December, 2007, within a period of ten weeks from the date of production of certified copy of this judgment by the petitioner. There shall be no order as to costs. (Rajiv Sharma), Judge. August 11, 2010. (sck).