2002 LAB. I. C. 1176 ::(2002) 97 DLT 337 ::(2003) 96 FacLR 181 ::(2003) 1 ServLJ 195 ::(2002) 65 DRJ 497 ::(2002) 4 Lab LN 740 ::(2002) 3 SCT 315 ::(2002) 5 ServLR 37

Delhi High Court

Hon'ble Judge(s): Manmohan Sarin , J

Constitution of India , Art.16, Art.309— Central Services (Medical Attendance) Rules (1944) , R.3, R.6— Medical reimbursement - Entitlement to actual expenses incurred - Govt. servant undergoing open heart surgery, in an Hospital approved by Govt. on 6-9-2000 - Denial of full reimbursement by Govt. by placing reliance on an earlier memorandum No. S11011/16/94-CGHS dated 18-9-1996 by applying rates as per memorandum which were intended for period of two years and were subject to revision - Is improper, more so when Govt. failed to revise rates and cost of medical treatment is rising over period of time. (Para 6 7 9 10)