AI Structured Summary
Not yet generated for this judgment
Judgment
NO one appeared for the respondent to oppose these proceedings today. By an earlier dated 1/12/1997 this S.L.P. along with other matters was to be listed for final disposal. That is how it was placed for final disposal today.
LEAVE granted. The appeal is taken up for final disposal forthwith.
The question involved in this appeal is squarely covered in favour of the appellant State by three Judge Bench decision of this Court in State of Punjab v. Ram Lubhaya Bagga, By the said judgment this Court had upheld the constitutional validity of the new policy of reimbursement, dated 13/3/1995 in connection with medical expenses incurred by the State Government servants when they have to take treatment outside Chandigarh.
IT is not in dispute that the respondent had suffered heart ailment and had undergone bypass surgery on 10/4/1996 in Escorts Heart Institute, New Delhi. As this medical treatment was taken by the respondent after the new policy of 13/3/1995 came into vouge, the aforesaid decision would squarely apply against the respondent. He would be entitled to be reimbursed only at AIIMS rates.
LEARNED counsel for the appellant, on instructions, states that the respondent has already been reimbursed the medical expenses at AIIMS rates. Consequently, this appeal is allowed in terms of the aforesaid decision. If any additional reimbursement is given to the respondent, that obviously will not have to be refunded by him as laid down therein. No costs.