CWP(T) No. 4198//2008 (OA No. 318/97) 20.3.2009 Present: Mr. A.L. Gupta, counsel for the petitioner. Mrs. Anjula Khajuria, counsel for respondents. The petitioner has prayed for the following reliefs:- “That the respondents may be directed to pay the open medical allowance to the applicant with retrospective effect with all the benefits incidental thereof such as arrears etc.” Petitioner sought pre-mature retirement from the post of Circle Head Draftsman in the H.P.S.E.B Project Construction Circle, Bhuntar, District Kullu w.e.f. 1.7.1987. Petitioner allegedly opted for the open medical allowance category which was accepted by the authorities and payments were made between January 1989 up to 1993. But, however, the same was abruptly stopped. It is this action which he has assailed in the present petition. The respondents in their reply have clarified that even during the period of his service petitioner has been receiving fixed medical allowance. The reimbursement of the medical bills in the open medical allowance category was wrongly done and upon discovery the mistake was rectified and the amount recovered from him. Mr. Gupta has fairly stated that there is nothing on record to prove that petitioner had in fact opted for the open medical allowance category. On the contrary the respondents have placed on record several documents including letter dated 30th of November 1992 from which it is evident that the petitioner was entitled to only fixed medical allowance. In this view of the matter, no legally enforceable right of the petitioner stands violated. The petition being devoid of merit is dismissed. (Sanjay Karol), March 20, 2009 Judge. (vs)