Mr. Mahavir S. Chauhan, J.:- Civil Miscellaneous No. 1513-LPA of 2015:

1. Heard.

2. From the submissions made at the bar and the grounds pleaded in the application, which is supported by an affidavit, it comes out that the appellant was prevented by a sufficient cause from refiling the appeal in time. Therefore, delay of 64 days in refilling the appeal is condoned and Civil Miscellaneous is, accordingly, disposed of.

LPA No. 731 of 2015:

3. Respondent-Avtar Singh was appointed to the post of Executive Engineer with National Institute of Pharmaceutical Education and Research (NIPER) Mohali, Punjab (for short ‘the appellant-Institute’) on October 11, 2001 and superannuated as such on May 31, and 2011. After his superannuation, the respondent was retained by the appellant-Institute as Consultant Engineer on contract basis till June 08, 2013.

4. On October 08, 2007, appellant-Institute introduced “Scheme for Medical Facilities after Retirement to the Employees of National Institute of Pharmaceutical Education & Research (NIPER), SAS Nagar (Mohali)” (here-in-after referred to as ‘the Scheme’) for providing post retirement medical facilities to its employees and their families. The Scheme envisaged a monthly contribution amount to be deducted from the salary of the employee for a minimum period of 20 years. In case of an employee retiring before completion of twenty years of service, he is required to pay a lump sum amount equal to twenty years’ contribution. Respondent also opted for, and contributed to, the Scheme.

5. On January 13, 2013, respondent’s son, who was suffering from mental disorder since birth, fell ill and had to be hospitalized. He remained admitted in Ivy Hospital, Super-Speciality Healthcare, Sector 71, SAS Nagar (Mohali) from January 13, 2013 to March 06, 2013. When the respondent intimated the appellant-Institute about the hospitalization of his son, he was informed that an amount of Rs.28,500/- had not been paid by him towards lump-sum payment of contribution under clause 17 of the Scheme which the respondent deposited on the very same day by way of a cheque which was encashed by the appellant-Institute on January 31, 2013.

6. However, when the respondent submitted the medical bills pertaining to the treatment of his son to the appellant-Institute for reimbursement, he was informed vide letter dated October 22, 2013 (Annexure P-5) that as per the Scheme he was required to deposit the balance amount of Rs.28,500/- immediately on his retirement on May 31, 2011 to entitle him to the post retirement medical facilities under the Scheme and he having not deposited the lump-sum amount within stipulated time, he ceased to be part of the Scheme and, as such, his claim for medical reimbursement could not be considered.

7. The respondent preferred Civil Writ Petition No. 25202 of 2013 praying for quashing the order/letter dated October 22, 2013 whereby medical reimbursement in respect of treatment of his son was denied to him.

8. In the written statement filed by the appellant-Institute it was stated that the respondent was an employee of the National Buildings Construction Corporation Ltd., New Delhi and he had joined the appellant- Institute on deputation on December 21, 2001 but on his request was absorbed in its employment. Till the date of his retirement, i.e., May 31, 2011, the petitioner had contributed monthly installments of Rs.150/- only for 4 years and 2 months as against the required minimum of twenty years’ contribution and did not deposit the balance of the twenty years’ contribution in lump-sum at the time of his retirement, therefore, he was deemed to have abandoned the Scheme and, thus, on January 13, 2013 when his son was admitted in the hospital, the respondent – Avtar Singh could not be considered to be a member of the Scheme. It was also averred that deficit amount of Rs.28,500/- was deposited by the respondent with the cashier of the institute by making a false statement that it was on accoun