JUDGMENT :

ARIJIT BANERJEE, J.

1. The issue involved in this writ petition pertains to reimbursement of medical expenses of an employee in the Administration, on actual basis.

2. The respondent No. 1 was employed as Automatic Machine Man in the Govt. Press, Port Blair. In the early part of 2015 he was taken ill and was admitted in the G. B. Pant Hospital, Port Blair. Since his condition did not improve, the authorities in G. B. Pant Hospital referred him to M/s Billroth Hospital, Chennai, in the month of April, 2015. An amount of approximately Rs. 9 lakh was released by the Manager, Govt. Press, Port Blair on account of treatment of the respondent No. 1 and was paid to the hospital directly.

3. In November, 2017, an office order dated November 7, 2017, was issued by the office of the Manager, Govt. Press, Port Blair, showing that Rs. 9,22,135.36 had been paid by the Administration to Billroth Hospital but the total admissible amount was only Rs. 4,33,465.36.

4. A subsequent Memorandum dated November 30, 2018, was issued by the respondent authority and served on the respondent No. 1 calling upon him to deposit the sum of Rs. 4,66,535/-.

5. Challenging the Memorandum dated November 30, 2018, the respondent No. 1 herein filed an original application being OA No. 441/AN/2019 before the learned Central Administrative Tribunal (in short CAT). By an order dated March 27, 2019, CAT set aside the Memorandum dated November 30, 2018, on the ground of the same being too cryptic and directed the competent authority to pass a detailed reasoned order in response to the applicant’s representation dated November 22, 2017. The respondent authorities were restrained from recovering the amount of Rs. 4,66,535/- from the applicant till disposal of the applicant’s representation by a reasoned order.

6. Pursuant to the said order the office of the Manager, Govt. Press, Port Blair, passed an order dated May 15, 2019 rejecting the claim of the respondent No. 1 herein. The operative portion of the order reads as follows:

“NOW THEREFORE, the undersigned is of the view that in such case, the possibility for re-imbursement of medical claim in full shape to the employee depends on the admissibility under Rule. In such case, the reimbursed amount for medical treatment has been examined in consultation with Accounts Functionary of Directorate of IP & T and the admissibility for reimbursement of medical expenses incurred by the applicant during the course of treatment. With regards to 100% reimbursement, no such claim exist under CS (MA) Rules, the admissibility is governed by the CGHS rates only. However, in justified cases, relaxation of Ministry of Health & Family Welfare, Govt. of India shall have to be obtained for 100% re-imbursement. In this context, applicant shall have to refund Rs. 4,66,535/ to Govt. Press, Port Blair. The matter is accordingly disposed of.”

7. The respondent No. 1 herein challenged the said order before CAT by filing OA No. 351/691/2019. By an order dated June 4, 2019, CAT quashed the aforesaid order of the authority, dated May 15, 2019, primarily on the ground that the authority by passing such order failed to take into account the direction of the Calcutta High Court passed in WPCT No. 169 of 2013. The matter was remanded to the competent authority for fresh consideration of the issue in question in terms of the aforesaid decision of the Calcutta High Court.

8. By an order dated September 3, 2019, the Secretary (IP & T) again rejected the claim of the respondent No. 1 herein. The operative portion of the said order reads as follows:-

“AND WHEREAS, As per CS (MA) Rules, 6(2) Where a Government Servant is entitled under sub-rule(1), free of charge, to treatment, any amount paid by him on account of such treatment shall, on production of a certificate in writing by the authorized medical attendant in their behalf, be reimbursed to him by the Central Government.

AND WHEREAS, the Hon’ble Calcutta High Court while disposing the WPCT NO. 169 of 201