Pratap Chand Chaswal vs Uoi And Ors.
2003 Latest Caselaw 152 Del

JUDGMENT

Badar Durrez Ahmed, J.

1. By our order dated 8.1.2003, we had disposed of the Writ Petition with the directions as indicated therein. We had in particular directed the respondents to take, as expeditiously as possible, a decision in accordance with law on the opinion rendered by the CAG, which decision in any case was to be taken on or before 20.1.2003 and to act upon the said decision forthwith for which it was for the respondents to approach the Ministry of Finance well in advance for release of the requisite funds. We had also taken on record the undertaking given on behalf of the members of the association of Chemists that they would resume supply of medicines with effect from 10.1.2003 subject to the decision to be taken by the respondents as mentioned above. We had also expressed our hope and expectation that considering the urgency, the Ministry of Finance would sympathetically consider the request made by the respondents for release of requisite funds. We had also directed that upon release of funds by the Ministry of Finance, the respondents were to ensure that the payments of the outstanding bills of the members of the Association were released forthwith. As regards reimbursement to the pensioner beneficiaries, we directed the respondents to continue to take steps to have the said matter expedited by preparing the cheques and handing over the name to the respective dispensaries/hospitals.

2. After we had disposed of the matter as aforesaid, an application being CM No. 995/2003 was moved on behalf of the CGHS Chemists Association wherein they prayed for a direction from this Court requiring the respondents to forthwith release the payments of bills which had been outstanding for 4 1/2 months and also to release the withheld amount of 10% of the value of the bills. When CM No. 995/2003 came up for hearing on 3.2.2003, we issued notice and the same was accepted by the counsel for Union of India. We further directed that a responsible officer on behalf of the respondent No. 1 and in particular the Joint Secretary, CGHS, Ministry of Health, Government of India be present in the Court on the next date, i.e., 10.2.2003 and that it be ensured that before such date steps were taken to clear the outstanding bills.

3. In the meanwhile, an application, CM No. 1626/2003, was filed on behalf of the respondent, Union of India for modification of order dated 3.2.2003 to the extent that the presence of the Ministry officials as directed by the said order dated 3.2.2003 be dispensed with in view of the decisions of the Ministry as per copy of the Minutes dated 31.1.2003 and the steps already taken by the respondents as noted in the said application (CM No. 1678/2003). This application (CM No. 1678/2003) was posted for hearing today 7.2.2003), Accordingly, the entire matter came up for consideration in which counsel for all the parties were heard and as such we preponed the hearing of the other application being CM No. 995/2003 and accordingly dispose of both the applications by this order.

4. The learned counsel appearing on behalf of the petitioner submitted that the medicines were now being supplied to them. However, the payments which were to be made to them were still being delayed. The counsel appearing on behalf of the CGHS Chemists Association submitted that pursuant to the Court directions, as per the undertaking given by them on 8.1.2003, they have been supplying medicines to the persons entitled under the CGHS Scheme. However, the respondent was dragging its feet in reimbursing them. It was his contention that prior to coming to the Court, there were dues of about Rs. 30 crores on the respondents and thereafter the dues have gone up to Rs. 37 crores, out of which Rs. 3 crores have been/is being paid to them by the respondent. Their main grievance is that the payments be made up todate and that the 10% amount which had earlier been deducted be no longer withheld and be released to them. On the other hand, the respondents submit that as stated in their said application being CM No. 1628/2003, they had virtually complied with the orders of this Court of 8.10.2003 both in letter and spirit inasmuch as they had taken the following steps :-

(a) CGHS was allotted an amount of Rs. 14 crores which was received on 20.1.2003;

(b) The pending bills of local chemists received up to 10.10.2002 in CGHS (HQ) had been sent to the Pay & Accounts Office, CGHS after deducting 6% for payment of these bills amounting to Rs. 3 crores approximately ;

(c) All the pending bills in CGHS (HQ) of pensioner beneficiaries pertaining to the alleged strike period of local chemists had been sent to the Pay & Accounts Office, CGHS for payment. These bills amounted to Rs. 4.5 crores approximately ; and

(d) Those bills in respect of which 10% had earlier been withheld were under process for payment of 40% of the withheld amount so as to bring them at par with the other pending bills which were decided to be released to the extent of 94%.

5. Along with application (CM No. 1628/2003), the respondent, Union of India also annexed a copy of a letter dated 31.1.2003 referring to the Minutes held under the Chairmanship of the Secretary (Health) regarding the issue of reimbursement of the Sales Tax to the authorised local chemist appointed under CGHS, Delhi, in this letter, it is stated that it has now been decided that a total of 6% of the amount contained in the bills preferred by the authorised local chemist, CGHS, Delhi would be withheld till such date the detailed Audit is conducted by the internal Audit Wing of the Ministry of Health & Family Welfare to establish the extent of alleged overcharging by the authorised local chemist of CGHS, Delhi. All concerned authorities were requested to take urgent necessary action in the matter.

6. We have considered the submissions of the counsel for the parties as well as examined the contents of the applications before us and we feel that while the respondents have taken reasonable number of steps for alleviating the problems noticed in our order dated 8.1.2003 and 3.2.2003, yet there seems to be more left to be done. While Rs. 14 crores were released to the CGHS, only Rs. 7.5 crores have been mentioned as having been/being disbursed in the said CM No. 1628/2003. Since now the CGHS has the funds, there should be no difficulty in implementing the orders already passed by this Court on 8.1.2003 and 3.2.2003. Accordingly, we direct that there orders be complied with fully at the earliest. All disputes between the respondent and the CGHS Chemists be ironed out at the earliest so that there is no interruption in the supply of medicines to the beneficiaries under the CGHS Scheme and particularly the pension beneficiaries In view of these directions and in view of the fact that substantial steps have been taken to comply with the directions earlier given, we dispense with the require ment of the presence of the Ministry officials as indicated in the order dated 3.2.2003. Both these applications are, accordingly, disposed of.