IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 11TH NOVEMBER 2008 / 20TH KARTHIKA 1930 WP(C).No. 6208 of 2005(S) ------------------------- OA.298/2004 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH(DB) .................... PETITIONER(S): -------------------------- 1. UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF DEFENCE, SOUTH LOCK, NEW DELHI. 2. THE SECRETARY, MINISTRY OF HEALTH & FAMILY WELFARE, NIRMAN BHAVAN, NEW DELHI. 3. THE FLAG OFFICER COMMANDING-IN-CHIEF, SOUTHERN NAVAL COMMAND, NAVAL BASE, COCHIN-682 004. 4. THE MATERIAL SUPERINTENDENT, MATERIAL ORGANIZATION, NAVAL BASE, COCHIN-682 004. BY ADV. SRI.TPM.IBRAHIM KHAN,SENIOR PANEL COUNSEL SRI.JOHN VARGHESE, ASSISTANT SG RESPONDENT(S): --------------------------- C.K.RAJAPPAN, OFFICE SUPERINTENDENT GRADE II (RTD.), CHACKALAPARAMBIL HOUSE, THEVARA, COCHIN-682 013. ADV. SRI.C.S.GOPALAKRISHNAN NAIR SMT.CHANDINI G.NAIR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.6208/2005 S APPENDIX PETITIONER'S EXHIBITS: EXTP1: COPY OF ORIGINAL APPLICATION NO.298 OF 2004 ON THE FILE OF THE CAT, ERNAKULAM BENCH. EXT.P2: COPY OF REPLY STATEMENT FILED BY THE RESPONDENTS. EXT.P3: COPY OF THE ORDER DTD. 16TH NOVEMBER, 2004 IN O.A.NO.298 OF 2004 OF THE CAT, ERNAKULAM BENCH. EXT.P4: COPY OF THE O.M.S.14025/4/96-MS DTD. 20/08/2004 OF MINISTRY OF HEALTH & FAMILY WELFARE (HEALTH DEPT). EXT.P5: COPY OF THE REVIEW APPLICATION NO.25/2004 IN O.A.NO.298/2004. EXT.P6: COPY OF THE ORDER IN RA 25/2004 DTD. 17/01/2005. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------------------- W.P.(C)No.6208 OF 2005-S ----------------------------------------------------- DATED THIS THE 11th DAY OF NOVEMBER, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioners were respondents in O.A.No.298/04 before the CAT, Ernakulam Bench. The respondent was the applicant. The applicant was a retired Government servant. He was not covered by Central Government Health scheme. He had to undergo a by-pass surgery in the Medical Trust Hospital, Ernakulam on 14.1.2002. When he claimed reimbursement of the expenses involved, the same was rejected by Annexure A4, which is produced along with Exhibit P1 O.A. The applicant relied on Annexure A2 order issued by the Government on 5.6.1998, for reimbursement. The writ petitioners resisted the application contending that the proposal to extend medical benefits to retired pensioners is yet to be finalised. In support of that submission, reliance was placed on Exhibit P4. But, the Tribunal, after hearing both sides, allowed the O.A. Earlier, a similar claim made by another Central Government pensioner was allowed by the CAT by its order in O.A.242/04. The said order of W.P.(C)No.6208/05 -2- the CAT was upheld by this Court in W.P.(C)No.1977/05. The SLP attempted against that order was dismissed by the Apex Court also. The petitioners submit that another Civil Appeal is pending before the Apex Court which is numbered as Civil Appeal No.5591/03 concerning a similar matter. 2. For the reason of an appeal pending before the Hon'ble Supreme Court in a connected matter, this Writ Petition cannot be kept pending indefinitely. Further, the point raised by the petitioners is covered against them by the judgment of a Division Bench of this Court in W.P.(C)No.1977/05, dated 31.1.2005. As stated earlier, it was upheld by the Apex Court also. So, we are bound by the judgment in W.P.(C)No.1977/05. Therefore, following the said judgment, this Writ petition is dismissed. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. dsn