Full Judgment Text
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PETITIONER:
OM PRAKASH GARGI
Vs.
RESPONDENT:
STATE OF PUNJAB & ORS.
DATE OF JUDGMENT: 07/10/1996
BENCH:
K. RAMASWAMY, G.B. PATTANAIK
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
This special leave petition has been filed against the
order of the High Court of Punjab & Haryana made on
29.5.1996 in C.M.No.933/96 in LPA No.60/96.
Admittedly, the petitioner had claimed reimbursement of
medical expenses spent in private hospital for heart
disease. Ultimately, the amount came to be disbursed on
August 28, 1991 but there was delay in Payment thereof. The
petitioner filed the writ petition. The High Court in LPA
directed payment of the amount but disallowed interest at
12% as claimed by the petitioner. He filed a review petition
and the same came to be dismissed. Thus this special leave
petition.
It is contended by the learned counsel for the
petitioner that in several cases, the Division Bench had
directed payment of interest, but in this case, they have
departed from the above principle. When a special leave
petition was filed by the State, this Court had dismissed
the same in limine. Therefore, the petitioner is entitled to
the payment of interest.
We do not find any force in the contention. lt is true
that but for the benefit of reimbursement of the amount
granted by the Government, the petitioner has no right to
claim reimbursement. The question is: Whether on account of
delay in reimbursing the amount incurred towards medical
expenses, the State should be liable to pay also interest on
the delayed payment? We are of the view that it is
inexpedient and not proper to direct the State to pay
interest for delay in payment of the reimbursement amount.
lt requires verification of the amounts spent by the
petitioner and similar person. His right only is to get
reimbursement and it does not follow that for the delay in
the payment of medical reimbursement, he should also be
entitled to interest thereon. The order passed by this Court
on an earlier occasion was to the effect of dismissing the
special leave petition In limine. Therefore it does not
furnish any for following the same. Under these
circumstances, we do not think that it would be proper to
direct payment of interest on the delayed reimbursement of
the medical expenses incurred by a Government servant.
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The special leave petition is accordingly dismissed.