- (1.)The present petition under Article 226 of the Constitution of India has been filed by the petitioner Jatinder Kumar for the issuance of a writ of certiorari for quashing the circular dated November 29, 1989 issued by the Department of Health and Family Welfare. A further prayer has been made for directing the respondents not to recover an amount of Rs. 500/- per month from the salary of the petitioner in pursuance to the letter dated May 10, 2000.
(2.)Certain facts be noticed.
The petitioner is working as an Auditor and is a regular employee of the Department of Food and Supplies, Punjab, Chandigarh respondent No. 2. The petitioner claims that being a regular permanent employee of the State Government of Punjab, he is entitled to the reimbursement of the medical expenses incurred by him in accordance with the Punjab Services (Medical Attendance) Rules, 1940 (hereinafter referred to as the Rules).

(3.)The petitioner has averred that on medical advice, he underwent surgery on his right eye at Post Graduate Institute of Medical Education and Research (for short called PGI, Chandigarh). It is further stated that for the aforesaid surgery, the petitioner was hospitalised from September 22, 1999 to September 23, 1999. The case of the petitioner is that for the aforesaid treatment, the petitioner spent Rs. 11,855/- out of which a sum of Rs. 5,000/- was charged on account of implantation of Intra-Occular lens in his right eye. A certified copy of the medical reimbursement certificate showing the total amount spent by the petitioner being Rs. 11,855/- has been appended as Annexure P.1 with the present petition. On being discharged from the hospital, the petitioner submitted all the bills and completed all other formalities for claiming reimbursement of the aforesaid amount. The departmental authorities verified the claim of the petitioner and on being satisfied, respondent No. 2-Department of Food and Supplies, Punjab, Chandigarh sanctioned the full amount for medical reimbursement. Accordingly, the aforesaid amount was paid to the petitioner. However, subsequently the aforesaid bills and other necessary papers were forwarded by respondent No. 2 to respondent No. 3-Department of Health and Family Welfare, Punjab, Chandigarh. The aforesaid respondent No. 3 directed respondent No. 2 to recover the amount of Rs. 4,238.50 on account of excess amount paid to the petitioner for implantation of Intra-Occular lens and the cost of Betadine medicine (Rs. 4,200/- having been paid excess for the aforesaid implantation and Rs. 38.50 on account of the cost of Betadine medicine). The Department of Heath and Family Welfare respondent No. 3 directed the Department of Food and Supplies, Punjab Chandigarh respondent No. 2 to recover the aforesaid amount from the petitioner.