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2025 DAILYLAW 21997 (PNJ)

UNION OF INDIA AND ORS v. MOHINDER LAL SUMMAN AND ANR

CWP/3120/2024 · 2025-09-22

Harsimran Singh Sethi, Vikas Suri

body2025

Judgment text

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1 CWP-3114-2024 (O&M) and other connected matters IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : 22.09.2025 227 CWP-3114-2024 (O&M) Union of India and others ... Petitioners Versus Mohinder Lal Summan and another ... Respondents 227.1 CWP-3117-2024 (O&M) Union of India and others ... Petitioners Versus Darshan Kumar and another ... Respondent 227.2 CWP-3120-2024 (O&M) Union of India and others ... Petitioners Versus Mohinder Lal Summan and another ... Respondents 227.3 CWP-4959-2024 (O&M) Union of India and another ... Petitioners Versus Central Administrative Tribunal and another ... Respondents SATYAWAN 2025.09.29 09:24 I attest to the accuracy and integrity of this document 2 CWP-3114-2024 (O&M) and other connected matters 227.4 CWP-13366-2024 (O&M) Union of India and others ... Petitioners Versus Santosh Gupta and another ... Respondent 227.5 CWP-26081-2024 (O&M) Union of India and others ... Petitioners Versus Rekha Sharma and others ... Respondents 227.6 CWP-33828-2024 (O&M) Union of India and others ... Petitioners Versus Raj Paul Kapoor and another ... Respondents 227.7 CWP-33856-2024 (O&M) Union of India and others ... Petitioners Versus Parvinder Singh ... Respondent SATYAWAN 2025.09.29 09:24 I attest to the accuracy and integrity of this document 3 CWP-3114-2024 (O&M) and other connected matters 227.8 CWP-33888-2024 (O&M) Union of India and others ... Petitioners Versus Tej Ram and others ... Respondents 227.9 CWP-34302-2024 (O&M) Union of India and others ... Petitioners Versus Gurcharan Dass and another ... Respondents 227.10 CWP-32187-2024 (O&M) Union of India and others ... Petitioners Versus Satya Devi and another ... Respondents 227.11 CWP-33974-2024 (O&M) Union of India and others ... Petitioners Versus Harjit Singh Sohi @ Harjit Singh and another ... Respondents 227.12 CWP-32215-2024 (O&M) Union of India and others ... Petitioners Versus Ramesh Kumari and another ... Respondents SATYAWAN 2025.09.29 09:24 I attest to the accuracy and integrity of this document 4 CWP-3114-2024 (O&M) and other connected matters 227.13 CWP-32237-2024 (O&M) Union of India and others ... Petitioners Versus Central Administrative Tribunal and another ... Respondents 227.14+106 CM-10954-CWP-2025 in /and CWP-9388-2024 (O&M) Union of India and others ... Petitioners Versus Subhadra Devi and others ... Respondents 227.15 CWP-30858-2024 (O&M) Union of India and others ... Petitioners Versus J.M. Sharda and another ... Respondents 227.16 CWP-31599-2024 (O&M) Union of India and others ... Petitioners Versus Surinder Kumar and another ... Respondents 227.17 CWP-31632-2024 (O&M) Union of India and others ... Petitioners Versus Lakhwinder Kaur and another ... Respondents SATYAWAN 2025.09.29 09:24 I attest to the accuracy and integrity of this document 5 CWP-3114-2024 (O&M) and other connected matters 227.18 CWP-31633-2024 (O&M) Union of India and another ... Petitioners Versus Sham Lal Sabharwal and another ... Respondents 227.19 CWP-31630-2024 (O&M) Union of India and others ... Petitioners Versus Raj Paul Kapoor and another ... Respondents 227.20 CWP-30936-2024 (O&M) Union of India and others ... Petitioners Versus Prem Chand and others ... Respondents 227.21 CWP-9383-2024 (O&M) Union of India and others ... Petitioners Versus Harminder Kaur and another ... Respondents 227.22 CWP-7998-2025 (O&M) Union of India and others ... Petitioners Versus Gurdev Singh and another ... Respondents SATYAWAN 2025.09.29 09:24 I attest to the accuracy and integrity of this document 6 CWP-3114-2024 (O&M) and other connected matters 227.23 CWP-15761-2025 (O&M) Union of India and others ... Petitioners Versus Suman Sachdeva and another ... Respondents 227.24 CWP-5734-2025 (O&M) Union of India and others ... Petitioners Versus Sham Kaur and another ... Respondents 227.25 CWP-22151-2025 (O&M) Union of India and others ... Petitioners Versus Kanta Nayyar and another ... Respondents 227.26 CWP-22183-2025 (O&M) Union of India and others ... Petitioners Versus Shanti Devi and another ... Respondents 227.27 CWP-22186-2025 (O&M) Union of India and others ... Petitioners Versus Meghla Ram Lohia and another ... Respondents SATYAWAN 2025.09.29 09:24 I attest to the accuracy and integrity of this document 7 CWP-3114-2024 (O&M) and other connected matters 118 CWP-28115-2025 (O&M) Union of India and others ... Petitioners Versus Gurmail Singh and another ... Respondents 233 CWP-29014-2024 (O&M) Union of India and others ... Petitioners Versus Central Administrative Tribunal and another ... Respondents CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI HON'BLE MR. JUSTICE VIKAS SURI Present: Mr. Surender Singh Pannu, Sr. Panel Counsel for the petitioners-UOI in CWP-3114-2024, CWP-3117-2024, CWP-3120-2024 and CWP-13366-2024. Mr. Piyush Khanna, Sr. Panel Counsel for the petitioners-UOI in CWP Nos. 30936, 31633, 30858, 31599, 31632, 33856, 33828, 33888, 32187, 33974, 32215 of 2024. Mr. Ravindra Pal Singh, Sr. Panel Counsel for the petitioners-UOI in CWP Nos. 9388, 9383 of 2024 and CWP Nos. 22186, 22151, 7998, 22183 of 2025. Ms. Jyoti Choudhary, Sr. Panel Counsel for the petitioners-UOI in CWP-34302-2024. Ms. Shalini Attri, Sr. Panel Counsel for the petitioners-UOI in CWP-26081-2024. Mr. Dharam Chand Mittal, Sr. Panel Counsel for the petitioner in CWP-29014-2024. Mr. Mukesh Kumar Bhatnagar, Sr. Panel Counsel for the respondent in CWP-29014-2024, CWP-3114-2024 and CWP-3120-2024. SATYAWAN 2025.09.29 09:24 I attest to the accuracy and integrity of this document 8 CWP-3114-2024 (O&M) and other connected matters Mr. Narender Kumar Vashisht, Sr. Panel Counsel for the petitioners-UOI in CWP-4959-2024, CWP-32237-2024 and CWP-28115-2025. Mr. Pankaj Mehta, Advocate for respondent No.1 in CWP-15761-2025. Mr. Mohit Garg, Advocate for respondent No.1 in CWP-22151-2025. Mr. Sandeep Siwatch, Advocate for respondent No.1 in CWP-33974-2024. Mr. Jagdeep Jaswal, Advocate for the petitioners in CWP-9388-2024, CWP-32187-2024, CWP-31632-2024, CWP-9383-2024 and CWP-5734-2025. Mr. Vishal Khatri, Advocate for Mr. Vijay K. Jindal, Advocate for respondent No.1 in CWP-13366-2024. Mr. Rishav Sharma, Advocate (through VC) for respondent No.1 in CWP-4959-2024 and CWP-34302-2024. Mr. K.B. Sharma, Advocate for respondent No.1 in CWP-26081-2024, CWP-33828-2024, CWP-33856-2024, CWP-7998-2025 and CWP-22183-2025. **** HARSIMRAN SINGH SETHI J. (ORAL) 1. By this common order above mentioned writ petitions are being disposed of as common question of law and facts are involved. 2. Learned counsel for the petitioner(s) argues that though, benefit of medical reimbursement has been allowed to the applicant-respondent(s) but while granting the same, only CSMA Rules of 1994 have been looked into, which are only applicable to the serving employee and not the retired employee and the retired employees are only governed by the CGHS SATYAWAN 2025.09.29 09:24 I attest to the accuracy and integrity of this document 9 CWP-3114-2024 (O&M) and other connected matters Scheme and that too when the said scheme is opted and conditions complied with. 3. Learned counsel for the petitioner(s) submits that the said issue of entitlement to seek reimbursement of medical bills has not been decided by the Tribunal while directing the petitioner(s) to pay medical reimbursement. 4. Learned counsel for the respondent(s) submits that no such issue was raised and only the issue raised was with regard to the non-grant of medical reimbursement on the ground that the respondents were getting fixed medical allowance, which issue has already been settled by the Hon'ble Supreme Court, whose precedents have already been noticed by the Tribunal. 5. On being asked, as to whether the objection with regard to the entitlement of medical reimbursement was raised before the Tribunal, or whether the same was raised, but not decided, learned counsel for the petitioner(s) submits that the present petitions may kindly be disposed of having been not pressed any further, with liberty to file a review before the Tribunal to raise the said issue with regard to the deciding of the entitlement of the respondent(s) to medical reimbursement either under CGHS Scheme or the CSMA, 1944 Rules. 6. Keeping in view the above, the present petitions are allowed to be withdrawn with a liberty to file a review. The Tribunal is requested that in case any such application is made, keeping in view the evidence brought on record, the said issue be decided, qua the entitlement of the respondent(s) SATYAWAN 2025.09.29 09:24 I attest to the accuracy and integrity of this document 10 CWP-3114-2024 (O&M) and other connected matters to claim the benefit either under the 1944 Rules or CGHS Rules. 7. As the respondent(s) have already deposited the amount keeping in view the interim order, withdrawal of these cases so as to file a review, will not absolve the petitioner(s) from depositing the medical reimbursement to the senior citizens, who have served the nation; however such payment made, shall remain subject to the outcome of the review or any subsequent litigation raised by the Union of India. 8. Pending application(s), if any, stands disposed of. 9. Photocopy of this order be placed on the files of the connected cases. (HARSIMRAN SINGH SETHI) JUDGE (VIKAS SURI) 22.09.2025 JUDGE Satyawan Whether speaking/reasoned : Yes Whether reportable : No SATYAWAN 2025.09.29 09:24 I attest to the accuracy and integrity of this document