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2018 Supreme(P&H) 4392

SHEKHER DHAWAN
No. 67243026 Ex. Inspector Sital Singh – Appellant
Versus
Union Of India – Respondent


Advocates Appeared:
Ravi Badyal, Advocate, for the Petitioner in CWP No. 13041 of 2011 and CWP No. 15205 of 2012; J.C. Malik, Advocate, for the Petitioner in CWP No. 6655 of 2012; Namit Kumar, Advocate, for the Respondents No. 1 to 5 in CWP No. 6655 of 2012; Sheenu Sura, Advocate, for the Respondent in CWP No. 15205 of 2012

JUDGMENT

Shekher Dhawan, J. - As common questions of facts and law are involved in all the above titled three writ petitions filed under Articles 226/227 of the Constitution of India, with the consent of the parties, the same are being disposed of by this common order.

2. For facility of reference, facts are being taken from CWP-13014-2011, No. 67243026 Ex. Inspector Sital Singh vs. Union of India and others. Present writ petition under Articles 226/227 of of the Constitution of India for quashing the impugned order dated 2.11.2010 (Annexure P/10), whereby prayer for reimbursement for medical claims of the petitioner has been rejected.

3. The petitioner was enrolled in the Army on 25.07.1964 and superannuated on 30.10.1999. During the service tenure of the petitioner, he was provided medical facilities under the Central Government Employees (Medical Attendance) Rules, 1944 (For short, "the Medical Rules") and some amount was deducted from the salary of the petitioner towards the BSF Welfare Funds for which "Border Security Force Welfare Fund Rules, 1988 (for short, "1988 Rules") were framed by the Ministry of Home Affairs. As per the petitioner, on 27.08.2010, he suffered from heart

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