Manmohan Sarin, J.

( 1 ) PETITIONER seeks quashing of the communication dated 4. 4. 2001, rejecting the request for reimbursement of medical charges (Annexure P-17 ). Petitioner also seeks quashing of Resolution No. 4017 dated 27. 9. 1994, insofar as the same is pressed to deny reimbursement of expenditure incurred on diseases. Petitioner also seeks a mandamus, directing MCD to pay and reimburse the amount of medical claim.

( 2 ) PETITIONER had joined MCD as a Lower Divisional Clerk on 24. 9. 1993. Petitioner superannuated on 31. 8. 1993 in the position of Head Clerk. Petitioner suffered cardiac trouble in April, 1999 and was taken to G. B. Pant Hospital. An angiography was done and in July, 1999. Petitioner was advised surgical re-vascularisation. Petitioner thereupon applied to MCD on 6. 8. 1999, along with the report of G. B. Pant Hospital for sanction of the estimated amount for cardiac surgery operation. Petitioner thereafter visited Hindu Rao Hospital of mcd for getting treatment in the Cardiology Department. Dr. R. P. Mittal, consultant and Head of the Cardiology, immediately referred the petitioner to aiims for treatment, since the said facilities were not available at Hindu Rao hospital. In the event, petitioner was admitted to AIIMS on 19. 9. 1999. The open heart surgery was carried out on 2. 9. 1999 and he was discharged on 26. 9. 1999. Petitioner incurred an expenses of Rs. 77,002. 40 paise and he has sought reimbursement of the same. Petitioner has duly complied with the formalities required to be done for submission of the medical claim and has furnished all the requisite bills, vouchers, prescription, etc.

( 3 ) REIMBURSEMENT to the petitioner has been denied by the impugned communication dated 4. 4. 2001, based on the following observations of the municipal Health Officer: "there is no policy for reimbursement of medical expenses to Municipal pensioners at present. However, on representation from pensioners it has been decided to de novo examine the medical facilities being provided to employees and pensioners. A Board has been constituted to study the schemes prevalent in CGHS and Delhi Government and working modalities for a suitable scheme in MCD also on these lines. The scheme will have future benefits, but is not retrospectively. " it would thus be seen that the rejection of the request is on the ground that there was no existing policy for reimbursement of medical expenses to Municipal pensioners and a study was being made of the schemes prevalent in CGHS and delhi Government and working modalities for a suitable scheme in MCD on similar lires had to be worked out. Respondent, apart from the above, have also placed reliance on an Office Order dated 3. 10. 1994 on the following:

"in no case reimbursement of expenditure incurred by a pensioner on treatment will be made. "

( 4 ) LET us examine the position that emerges from various Resolutions passed by MCD, its orders and Circulars, insofar as it relate to reimbursement of medical expenses to pensioners. Based on the recommendation made by the municipal Commissioner in his letter No. F. 33/health/560/candc dated 9. 2. 1984 and as recommended by the Standing Committee vide its Resolution No. 130 dated 23. 3. 1984, the Central Services (Medical Attendance) Rules, 1944 were adopted in their application to municipal employees. Resolution No. 105 is in the following terms:

"resolved that as proposed by the Commissioner in his letter No. F. 33/ health/ 560 /candc dated 9. 2. 1984 and recommended by the Std. Committee vide its Res. No. 130 dated 23. 3. 84, adoption of Central Service (Medical attendance) Rules, 1944 with necessary instructions and amendments as are issued from time-to-time after re-defining the terminology used in the rules for their proper application to Municipal Employees as framed and mentioned in the aforesaid letter be approved. "

( 5 ) IT may be noted that the Central Services (Medical Attendance) Rules, 1944, hereinafter referred to as CSMA we

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