The central legal point established in the judgment is that the denial of medical reimbursement to a retired employee based on their choice of fixed medical allowance over CGHS is not justified under the CS (MA) Rules, 1944.

M.R. Shah, J.

1. By way of this petition under Articles 226 and 227 of the Constitution of India, the petitioner-Department, original respondents, has prayed for appropriate writ, order or direction to quash and set aside the impugned judgment and order dated 29.07.2015 passed by the learned Central Administrative Tribunal, Ahmedabad Bench, Ahmedabad, passed in Original Application No. 432/14, by which the learned Tribunal has, after following its own earlier decision dated 03.04.2014 passed in Original Application No. 369/13, directed the petitioner-Department to consider the request of the original applicant-widow of a retired employee, for reimbursement of the amount of Rs. 72,603/- towards the medical bills and further directed to reimburse the admissible amount as per the Government approved rates.

2. That the deceased husband of the respondent herein was appointed as a Group-D in Postal Department at Mehsana w.e.f. 02.02.1982 and he voluntarily retired from service w.e.f. 15.09.2002. That in the last week of November, 2011, due to sudden pain in his kidneys, he was immediately taken to Institute of Kidney Diseases and Research Center, Ahmedabad, and was under treatment from 27.11.2013 to 04.03.2014. That subsequent to his recovery from the illness, he submitted a representation along with a bill claiming reimbursement for a sum of Rs. 17,767/- on 03.01.2014 to Superintendent of Post Offices, Mehsana. That thereafter he died on 05.03.2014 leaving behind his widow-respondent herein, who submitted one another medical claim for a sum of Rs. 54,836/- to Superintendent of Post Offices, Mehsana, which bills were not accepted stating that a suitable reply would be sent to her. However, vide order No. E2/5JRN/Pensioner/13.14 dated 15.04.2014 the Department rejected the said claim of reimbursement. Therefore, the respondent herein-original applicant, widow of the deceased employee, approached the learned Tribunal by way of filing Original Application No. 432/14 requesting to quash and set aside the said order and directed the authorities, the present petitioners, to pay the amount of the aforesaid bills to her.

3. That the said Original Application was opposed by the authorities by submitting that entitlement of the deceased husband of the applicant for reimbursement of medical expenses incurred by her is only to avail a fixed medical allowance of Rs. 300/-. That the reason assigned by the authority for denying the medical reimbursement is that the deceased husband of the applicant had taken voluntarily retirement from the Department and that at the time of applying for voluntary retirement, the employee could have become a member of Central Government Health Scheme (CGHS) and could have availed the facilities under CGHS. That at the time of voluntary retirement of the deceased husband of the applicant, he had three options viz. (i) to continue to get the benefits of CS (MA) Rules, 1944; (ii) to become a member of the CGHS; and (iii) to take monthly fixed amount given by the Department. That at the time of tendering voluntary retirement, the deceased husband of the applicant could have become a member of CGHS and in order to become a member of CGHS after retirement, the deceased husband of the applicant was required to pay a fixed amount to the Department, but he did not pay any such amount and thereby he failed to become a member of CGHS.

4. The learned Tribunal negatived the above contentions and relying upon its own earlier decision dated 03.04.2014 passed in Original Application No. 369/13, by which similar contention on behalf of the Department was negatived and consequently the learned Tribunal directed the Department to reimburse the amount of Rs. 72,603/- towards the medical treatment of the deceased husband of the applicant, and accordingly the learned Tribunal has allowed the Original Application No. 432/14 and has quashed and set aside order No. E2/5JRN/Pensioner/13.14 dated 15.04.2014 passed by the Department, by