M.L. Agrawal Retd. Addl. Sessions Judge vs The State of Uttarakhand and The State of Uttar Pradesh

Barin Ghosh, C. J.

The employees of the State of Uttar Pradesh, who retired before 9th November, 2000 and were drawing pension from the Treasuries situate within the territory of the State of Uttar Pradesh, which became territory of the State of Uttarakhand on and from 9th November, 2000, and continued to draw pension from the said Treasuries subsequent to 9th November, 2000, in terms of the directions contained in the U.P. State Reorganization Act, 2000, were also drawing from the selfsame Treasuries the medical reimbursement, to which they are entitled. The Petitioner, who was an Additional Sessions Judge, appointed by the State of Uttar Pradesh, retired in the year 1986. Petitioner was drawing his pension and was also obtaining his medical reimbursement from the Treasury situate at Haldwani (District Nainital). He continued to withdraw his pension as well as his medical reimbursement even after creation of the State of Uttarakhand, i.e. even after 9th November, 2000. Petitioner is still continuing to withdraw his pension from the Treasury situate at Haldwani. His medical reimbursement, however, are not being reimbursed by the Treasury situate at Haldwani since April 2010. This has compelled the Petitioner to approach this Court by filing the present writ petition.

The Treasury concerned has brought to the notice of this Court an order passed by the Government on 15th October, 2010, whereby the Government has directed persons as that of the Petitioner to obtain authenticity of the medical bills from the States from where they are to get their medical reimbursement. Prior thereto, medical bills of the Petitioner used to be certified for payment by this Court. Inasmuch as, the bills submitted by the Petitioner with Haldwani Treasury are certified by this Court and not by an appropriate authority of the State of Uttar Pradesh, the said bills of the Petitioner have not been reimbursed by Haldwani Treasury. On 2nd August, 2011 by a U.P. Government order, this Court has been authorized as the competent authority to authenticate the medical bills of retired Judicial Officers of the Government of Uttar Pradesh, who retired before 9th November, 2000 and were withdrawing their pension from the Treasuries situate within the territory of the State of Uttarakhand. In those circumstances, in terms of the order of the State of Uttarakhand dated 15th October, 2010, this Court is competent to authenticate all medical bills of the Petitioner for reimbursement by the Haldwani Treasury. In this connection, it would be appropriate to mention that the State of Uttarakhand has issued an order dated 18th May, 2006 to the effect that authenticated medical bills will be reimbursed to those officers of the State of Uttar Pradesh who retired before 9th November, 2000 and were and still continuing to withdraw their pension from the Treasuries situate in the territory of the State of Uttarakhand.

In the circumstances, we dispose of the writ petition and direct the Treasury Officer, Haldwani to forthwith reimburse the medical bills of the Petitioner which have been authenticated by this Court and continue to do so in future also. The pending bills of the Petitioner, if already authenticated by this Court, must be paid to the Petitioner upon production of a copy of this order to the Treasury Officer, Haldwani.