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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.