O R D E R

Per: SURESH KUMAR BATRA MEMBER (J):-

1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act 1985 seeking a direction to the respondent no. 2 to reimburse the balance amount of Rs.5,16,130/- towards medical claim reimbursement of the applicant (after adjusting a sum of Rs.20,000/- already paid).

2. Briefly stated, the facts of the case are that the applicant while working as Assistant BPM at Jand Saheb Branch Post Office, got infected with Corona Virus and was admitted in Dayananad Medical College and Hospital, Ludhiana where he paid an amount of Rs.5,36,130/- for his treatment. The applicant submitted medical claim to the respondents for reimbursement. An amount of Rs.20,000/- was paid to the applicant. The grievance of the applicant is that he is entitled to full reimbursement of his medical claim in view of letter dated 17.04.2020 (Annexure A-7) issued by Respondent No. 1.

3. The respondents contested the claim of the applicant by filing written statement. It has been stated therein that the applicant is not a regular employee of the department. He was engaged as Extra Departmental Agent under Posts & Telegraph Extra Departmental Agents (Conduct and Service) Rules, now covered under GDFS (Conduct & Engagement) Rules, 2020. It has been stated that the GDS are not entitled to medical reimbursement and are not covered under CS (MA) Rules 1944. The benefit of compensation of Rs.10.00 lakhs to GDS is applicable only in case of his death due to Corona Virus.

4. The applicant filed rejoinder reiterating his contentions.

5. I have gone through the pleadings, perused the material available on file and considered the rival contentions of both sides.

6. Admittedly, the applicant is a Gramin Dak Sevak covered under GDS (Conduct & Engagement) Rules 2020. The averment of the respondents that he is not entitled to medical reimbursement under the Rules governing him has not been denied by the applicant. It has also been clarified that the amount of Rs.20,000/- paid to the applicant was not towards medical reimbursement but as a financial assistance provided to him from Circle Welfare Fund for GDS in view of letter dated

17.09.2013 (Annexure R-2) issued by Respondent No. 1. The applicant has failed to cite or produce any rule under which he is entitled to medical reimbursement. The case-law cited by the applicant also could not be of any help to him when the rules governing him do not provide the benefit of medical reimbursement.

7. Moreover, the reliance of the applicant on letter dated 17.04.2020 is totally misconceived as it clearly speaks that the provision to extend benefit of payment of compensation of Rs.10 lakhs to all Departmental employees of Department of Posta and all categories of Gramin Dak Sevak (GDS) to cover death due to Covid-19 and therefore, the same is not applicable to the applicant herein.

8. In view of the discussion above, the Original Application fails being devoid of any merit. The Original Application is dismissed. No costs.

(SURESH KUMAR BATRA)

MEMBER (J)

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