Om Prakash Gargi Vs. State of Punjab
& Ors [1996] INSC 1256 (7 October 1996)
K. Ramaswamy,
G.B. Pattanaik
ACT:
HEAD NOTE:
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.
The
special leave petition is accordingly dismissed.
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