JUDGMENT : Petitioners in all these writ petitions are employees of Airports Authority of India (hereinafter referred to as the ‘AAI' for short). All of them challenge the proceedings initiated by the respondents for recovery of the medical expenses disbursed to them, on the ground that the benefit of reimbursement is admissible only to one of the spouses. Documents referred to in this judgment are as described in W.P(c).No.3990 of 2016, unless specified otherwise. 2. Airports Authority of India (Employees Medical Attendance and Treatment) Regulations, 2003 (Ext.P1) were framed and published by the AAI on 24.06.2003 in exercise of powers conferred under sub section (1), r/w clause (b) of sub section 2 of Section 42 of the Airports Authority of India Act, 1994, in supersession of the Rules which existed till then in respect of medical attendance and treatment of the employees under it. Clause 3 provides for conditions of dependency. It provides that when both the spouses are employed in Central Government/State Government/Public Sector Undertaking/Local Bodies etc., which provides medical facilities, they could choose either of the facilities available under the respondents or under the other employer on production of a certificate from the employer of his or her spouse that he or she is not claiming medical facilities in respect of his or her spouse and their family members. Clause 3(3) provided as follows: "3(3): Employee's spouse employed in Central Government, State Government, Public Sector Undertakings, Local Bodies or Private Organizations, as the case may be, which provides medical facilities, is allowed to choose either the facilities under, these regulations or the medical facilities provided by the organization in which he or she is employed on the basis of a certificate from the employer of his or her spouse that he or she is not claiming medical facilities in respect of his or her spouse and their family members. For this purpose they should furnish to their authorities a joint declaration in duplicate as to who shall prefer the claim for reimbursement of medical expenses in respect of wife or husband and dependent family members with full details in respect of wife or husband and dependent family members with full details in respect of them. A copy each of the joint declaration, in duplicate, shall be recorded in the personal file of each of them in their respective organization. A copy each of the joint declaration, in duplicate, shall be recorded in the personal file of each of them in their respective organization. The option given in the declaration can be changed or altered from the next financial year as and when necessary." 3. Note (i) to clause 3 provided that competent authority may alter the dependency limit or conditions of dependency, delete or add or alter any additional condition for the members of the family (including spouse) under these regulations. Under Note (ii) a joint declaration is required to be submitted in duplicate in order to prefer the claim for reimbursement of medical expenses in respect of wife or husband and dependent family members along with their details and this declaration is to be recorded in the service records. This option could be altered as and when necessary in the next financial year. When employees whose spouses are employed in other organizations availing different medical facilities and residing at different places separately, the employee concerned can avail medical facilities under these regulations on certain conditions i.e. if the spouse is in receipt of fixed medical allowance, the employee may avail medical reimbursement for himself or herself and members of family residing with him/her except the spouse and he or she has to produce a certificate from the employer of his or her spouse that he or she is not claiming medical facilities in respect of his or her spouse and their family members. Clause 5 provides that a female employee shall be given the choice to include either his parents or her parents in law for the purpose of availing of the benefit of medical concessions under the Regulations and instructions issued from time to time, subject to the conditions of dependency and residence as stipulated in the regulations. Regulation 6 and 7 provides for system of medicines and medicines. Regulation 8 deals with procedure for medical treatment. Procedure for medical reimbursement of medical expenses is given in clause 9. As per this clause the claims for reimbursement shall be submitted to the competent authority in the prescribed form as annexed to the regulations along with the prescription, bill, cash receipts, and cash memos or other relevant documents. The claim has to be submitted within 3 months of the date of completion of the treatment. As per this clause the claims for reimbursement shall be submitted to the competent authority in the prescribed form as annexed to the regulations along with the prescription, bill, cash receipts, and cash memos or other relevant documents. The claim has to be submitted within 3 months of the date of completion of the treatment. It further provides that the authority may reimburse the charges in respect of medical attendance or treatment received by an employee or his family at a place other than his headquarters on the basis of sufficient proof in support of his claim provided that the treatment is taken from an authorized medical officer or hospital under the control of Central Government, State Govt/Municipal Corporation, Municipal Committee and empaneled Nursing Homes as specified by the authority from time to time. Sub clause 4 provides that the competent authority may disallow the claim for reimbursement in case it is not satisfied with the documents produced. Clause 10 provides for medical treatment in particular circumstances. Sub clause 1 of clause 12 provided for the medical practitioners from whom the employees could receive medical attendance and treatment and the reimbursement admissible to the employees as well as the ceiling prescribed. Sub clause 2 provided that restriction can be put on the ceiling, as and when required. It further provided for the minimum qualification of Registered Medical Practitioners. 4. Clause 13 provided for indoor treatment. Clause 17 provided for grant of advance for medical attendance and treatment and credit facilities. 5. In the year 2011, the respondent authority issued Ext.P2 HR Corporate communication on 21.01.2011. It was informed that the Ministry of Civil Aviation had vide letter dated 1.5.2009 and based on guidelines issued in O.M dated 26.11.2008, 09.02.2009 and 2.4.2009 communicated that pay revision orders were implemented in the AAI on the basis of the directives received from the Ministry of Civil Aviation and based on this pay revision, the perks and allowances of the executives in AAI were revised with the approval of the Board as well as the Ministry of Civil Aviation. Thus the perks and allowances of executives were revised w.e.f. 26.11.2008 under cafeteria approach and the executives were to choose from a set of perks and allowances in terms of DPE guidelines. The various perks and allowances introduced were given in a table. Thus the perks and allowances of executives were revised w.e.f. 26.11.2008 under cafeteria approach and the executives were to choose from a set of perks and allowances in terms of DPE guidelines. The various perks and allowances introduced were given in a table. Clause 2 provided that the executives will be given option to choose the perks and allowances from out of the cafeteria and the perks and allowances would be paid on a consolidated basis at 46% basic pay without exercising any option for the past period. Clause 3 provided that on introduction of the cafeteria approach the existing policy on reimbursement of soft furnishing will be dispensed with. Clause 11 provided for medical allowances. Clause 11.1.1 provided that a new scheme of medical reimbursement with annual ceiling on self certification for OPD/Domicile Medical Treatment to be paid on monthly basis was introduced. The annual ceiling was provided as against each of the scale of pay. Clause 11.1.2 provided that annual ceiling payable on certification is inclusive of reimbursement towards pathological tests and other investigations on OPD basis. Clause 11.2 provided for reimbursement for chronic diseases and it provided for the procedure for claiming the same. Clause 11.2.3 provided that the annual reimbursement on outdoor medical bills will be applicable from the date of issue of that order. Clause 11.2.4 provided that with the introduction of medical reimbursement scheme on self certification, the existing system of reimbursement for OPD stands dispensed with. The review of annual ceiling limit will be made after 5 years with the condition that the increase in no case be more than 15% of the annual ceiling proposed at para.11.1. Regarding indoor treatment, clause 11.3.1 provided that the existing facility will continue, however, room rent entitlement will be reviewed while finalizing empanelment of hospitals. 6. On the basis of Ext.P2 revision, the employees started claiming medical reimbursement irrespective of the fact that their spouses were also claiming the benefits. While so, the petitioners happened to see that recovery was being made from their pay and allowances. On enquiry, they were given to understand that the OPD allowances disbursed to them were being recovered. 6. On the basis of Ext.P2 revision, the employees started claiming medical reimbursement irrespective of the fact that their spouses were also claiming the benefits. While so, the petitioners happened to see that recovery was being made from their pay and allowances. On enquiry, they were given to understand that the OPD allowances disbursed to them were being recovered. A memorandum Ext.P6 was issued on 25.06.2011 by the Senior Manager (HR) for Airport Director stating that under clause 3.2 of the Regulations when both husband and wife are employed in the AAI, they as well as the eligible dependents may be allowed to avail medical concessions submitting a joint declaration as to who shall prefer the claim for medical expenses incurred for medical attendance and treatment irrespective of wife or husband and children. In case there was no declaration, the concession was to be availed in accordance with the status of the husband and it was informed that medical allowance was paid either to wife or husband. Another letter Ext.P7 was issued on 19.05.2015 for the Regional Executive Director/General Manager (CIC) to the General Manager (CIC), AAI, the Officer in-charge, AAI etc. informing them about the civil cases pending in various courts and the orders issued therein. It was informed that as regards non-petitioners, drawing of OPD medical allowances by both husband and wife who are employees of the AAI shall be stopped with immediate effect and the payment already made shall be recovered. These writ petitions were filed under the above circumstances. 7. The 3rd respondent filed a counter affidavit stating that the conditions of dependency is specified under clause 3 of the regulations and clause 3.2 provides that the benefit can be availed only by one of the spouses as well as their eligible dependents, after submitting joint declaration. The respondents have produced Ext.R3(a) communication dated 1.1.2002 (apparently before the Regulations) in which clarifications were given regarding the Domicile Medical Treatment, providing for a ceiling on the same. In para.4 of the letter it was stated that ceiling is applicable for the treatment availed by the employees including his or her eligible dependents during the period mentioned at para.2 therein. In para.1 it is stated that ceiling of one month's basic pay and D.A was fixed towards Domicile Medical Treatment and it will come into force on 1.8.2001. In para.4 of the letter it was stated that ceiling is applicable for the treatment availed by the employees including his or her eligible dependents during the period mentioned at para.2 therein. In para.1 it is stated that ceiling of one month's basic pay and D.A was fixed towards Domicile Medical Treatment and it will come into force on 1.8.2001. It is stated that as per the procedure which was in force when Ext.P2 order was issued, the official had to produce the bill and prescription of the doctor for claiming the reimbursement. But when the pay scales including the perks and medical allowances were revised as per Ext.P2, under the cafeteria approach, re-imbursement can be claimed and granted on self certification, of the officials subject to the annual ceiling. Accordingly, the executives had to submit only a self undertaking stating the amount of expenditure incurred by them towards outpatient medical expenses instead of the then existing system of submitting bills for the medicines along with the prescription from qualified medical practitioner. In clause 21 of the letter Ext.P2 it was also provided that all issues arising out of implementation of that government order which require interpretation/clarification should be referred to the Corporate Headquarter for decisions. Therefore, as and when references were made to the Corporate Headquarter, clarifications were issued referring to clause 3(2) of the Regulations, 2003 observing that at certain Airports medical reimbursement/allowances had been/were being paid to both the husband and wife employed in AAI in violation of the provisions. The management took a serious view in the matter and therefore advised that inadmissible medical allowances if any may be recovered in order to avoid audit objection. Accordingly, Ext.R3 (b) letter was issued as a clarification on 15.10.2014 in order to ensure that medical allowance is paid either to wife or husband as per the provisions in the Regulations. The respondents stated that Ext.P1 regulation very well makes it clear that medical concessions can be claimed only by one of the spouses. 8. According to the petitioners, as soon as Ext.P2 scheme which is a self contained one introduced, Ext.P1 Regulations cannot be invoked. It has replaced the system which prevailed as per Ext.P1 and it only provides for self certification. It does not provide for any restriction regarding the eligibility for the spouses. Therefore, the question of dependency can no longer be raised. 9. It has replaced the system which prevailed as per Ext.P1 and it only provides for self certification. It does not provide for any restriction regarding the eligibility for the spouses. Therefore, the question of dependency can no longer be raised. 9. I heard the learned Senior Counsel and the learned counsel appearing on either side and considered the rival contentions. 10. It is not disputed that the Regulations, 2003 governs the matters relating to medical attendance benefits, the reimbursement of medical attendance, expenditure towards treatment, etc. Ext.P2 is a composite order implementing the revision of pay and allowances, which also includes provisions with respect to medical allowances, OPD, etc, among revision of other allowances. A separate procedure is introduced with respect to OPD in Ext.P2. It does not specifically provide for matters relating to dependency. It also does not provide that it will be applicable for both the spouses. It does not also say that it is applicable only to one of the spouses. What is provided is the system with respect to OPD has been revised. In effect revision is only with respect to clause 12 read with clause 9 of Ext.P1 by way of clause 11 of Ext.P2 with respect to OPD alone. A reading of both these provisions will only indicate that there is revision in respect of annual ceiling, liberalization of the procedure for claiming it by self certification i.e. without insisting proof of expenses, treatment, etc. 11. The eligibility and dependency or the restriction placed on the spouses in clause 3 of the regulations cannot be said to be in any way modified by way of Ext.P2, in the absence of any specific provision with respect to it. In this context it is necessary to have a look at clause 3 of the Regulations which read as follows: "3. Conditions for dependency. -(1) A member of the family whose-total income from all sources, including pension, temporary increase on pension or stipend, etc. does not exceed Rs.1500/- per month is deemed to be wholly dependent on the employee. However husband and wife shall be considered as one unit for the purpose of these regulations and dependency and wife shall be considered as one unit for the purpose of these regulations and dependency limit shall not be applicable to husband and wife. does not exceed Rs.1500/- per month is deemed to be wholly dependent on the employee. However husband and wife shall be considered as one unit for the purpose of these regulations and dependency and wife shall be considered as one unit for the purpose of these regulations and dependency limit shall not be applicable to husband and wife. Note: (i) The Competent Authority may alter the dependency limit or conditions of, dependency, delete or add or alter any additional condition for the members of the family (including spouse) under these regulations; (ii) Each employee shall furnish a declaration every year about the status and dependency of his parents and other family members at the beginning of the year to allow them to avail the medical facilities under these regulations. Explanation.-(i) The residential condition for members of families is not essential. Family members may have medical attendance and treatment if they do not stay with the employee. Parents can live away from the employee at another station with other members of the family, provided the employee has not claimed Traveling allowance or Daily Allowance at the time of transfer for parents and family; (ii) Recurring income from sources such as business, employment, property, agriculture, houses land holding, etc, shall be taken into account for the purpose of assessing income; (iii) Lump-sum non-recurring income, such as, Contributory Provident Fund Benefits, Government of India Price Bonds, Gratuity, Commuted Gratuity, Insurance Benefits, etc. shall not be regarded as a part of income. (2) In case where both husband and wife are employed in the Authority, they, as well as their eligible dependents may be allowed to avail of the medical concessions according to his or her status. For this purpose, a joint declaration as to who shall prefer the claim for reimbursement of medical expenses incurred or the medical attendance and treatment irrespective of wife or husband and the children shall be furnished. If declaration is not furnished, concession is to be availed by all including wife according to the status of the husband. The option given in the declaration can be changed from the next financial year as and when necessary depending on change in circumstances. If declaration is not furnished, concession is to be availed by all including wife according to the status of the husband. The option given in the declaration can be changed from the next financial year as and when necessary depending on change in circumstances. (3) Employee's spouse employed in Central Government, State Government, Public Sector Undertakings, Local Bodies or Private Organizations, as the case may be, which provides medical facilities; is allowed to choose either the facilities under these regulations or the medical facilities provided by the organization in which he or she is employed on the basis of a certificate from the employer of his or her spouse that he or she is not claiming medical facilities in respect of his or her spouse and their family members. For this purpose they should furnish to their authorities a joint declaration in duplicate as to who shall prefer the claim for reimbursement of medical expenses in respect of wife or husband and dependent family members with full details in respect of them. A copy each of the joint declaration, in duplicate, shall be recorded in the personal file of each of them in their respective organization. The option given in the declaration can be changed or altered from the next financial year as and when necessary. (4) When the employee and whose spouses are employed in other organizations availing different medical facilities and stationed and residing at different places separately at their respective duty stations, the employee concerned may avail medical facilities, under these regulations in respect of himself or herself, as the case may be, and the family members residing with him or her and covered under these regulations, Provided that, - (a) if the spouse is in receipt of fixed medical allowance, the employee may avail medical reimbursement under these regulations for himself or herself and members of family residing with his or her except the spouse; and (b) he or she produces a certificate from the employer of his or her spouse that he or she is not claiming medical facilities in respect of his or her spouse and their family members. (5) A female employee shall be given the choice to include either her parents, or her, parents-in-law for the purpose of availing of the benefits of the medical concessions under these regulations and instructions issued from time to time, subject to the conditions of dependency and residence as stipulated in these regulations. Explanation.- (i) Every female employee should immediately after her marriage give a declaration as to whether she shall like to include her parents or parents-in-law for the purpose of benefits of medical concessions under these regulations. She can change her option only once during the entire period of her service; (ii) Both husband and wife on marriage, if working, shall be required to give a declaration of their option, clearly indicating the details in respect of each member of family in respect of whom the claim is to be preferred by the spouse concerned. A copy of the declaration may be retained in personal file by the office of each spouse. (6) An employee of the Authority on retirement is eligible to avail the benefit under these regulations as dependent if his or her son or daughter or wife is employed in the Authority provided he gives an option to avail medical facilities; under these regulations within a period of 2 (two) months from the date of retirement, and subject to meeting the other conditions as specified in these regulations. Though the option once exercised shall be final, however, the request to opt for Authority medical benefits for retired employee; will be decided on merit of each case. 12. Ext.P2 only provides for a modification in respect of annual ceiling with reference to different scale of pay. It has also introduced self certification for claiming the benefits. OPD is provided under clause 11 as explained in clause 11.1.1, 11.1.2. 11.2 provides for reimbursement for chronic diseases. Apart from fixing the annual ceiling as against the respective pay scales and introduction of self certification for claiming the medical reimbursement, clause 11 does not provide for any other procedure, criteria or eligibility. Clause 11.2.4 when provides that with the introduction of medical reimbursement scheme on self certification, the existing system of reimbursement for OPD stands dispensed with, can it be interpreted to mean that the provisions contained in clause (3) of Ext.P1 Regulation which relates to conditions for dependency, are also modified? 13. Clause 11.2.4 when provides that with the introduction of medical reimbursement scheme on self certification, the existing system of reimbursement for OPD stands dispensed with, can it be interpreted to mean that the provisions contained in clause (3) of Ext.P1 Regulation which relates to conditions for dependency, are also modified? 13. Clause 12 of the Regulation which dealt with the reimbursement for outpatient treatment read as follows: "12. Out patient treatment - (1) Employees may receive medical attendance and treatment from private registered practitioners of their choice for Allopathic, Homeopathy, Ayurvedic and Unani treatment and actual fees charged by the Doctors shall be reimbursed subject to the limit fixed from time to time and also restrictions in each financial year to one month Basic Pay Plus Dearness Allowance (as on 1st April) of the employee. AAI may also empanel Authorized Medical Officer or Registered Medical Practitioners for out patient treatment and put restrictions. (2) The restriction of one month's basic pay plus Dearness Allowance in each financial year is with reference to routine type of medical treatment. However, the cost of the medicines for special/life threatening diseases as decided from time to time shall not be considered while computing the ceiling of one month's Basic Pay plus Dearness Allowance (as on 1st April) in each financial year for out patient treatment and also can put restriction as and when required. (3) Minimum qualifications for Registered Medical Practitioners/Authorised Medical Officer will be Bachelor of Medicine and Bachelor of Surgery (MBBS) and Bachelor of Dental Surgery for Allopathy, Bachelor of Homeopathic Medical Sciences for Homeopathy, Bachelor of Ayurvedic Medical Sciences for Ayurvedic and Bachelor of Unani Medical Sciences for Unani system of medicines and for Specialists shall be Doctor of Medicine of Medical Surgeon or above. (4) Where the condition of the patient so requires Registered Medical Practitioner/Authorized Medical Attendant can refer to nearest private specialist for treatment at the clinic." 14. Clause 9 provided for the procedure for claiming reimbursement, which read as follows. "9.-Procedure for medical reimbursement of medical expenses.- (1) All payments of medical expenses shall be made by the employee in the first instance. Clause 9 provided for the procedure for claiming reimbursement, which read as follows. "9.-Procedure for medical reimbursement of medical expenses.- (1) All payments of medical expenses shall be made by the employee in the first instance. Claims for reimbursement of medical expenses shall subsequently be submitted in the Form annexed to these regulations duly supported by the prescription, bills, cash receipts and cash memos or any other relevant documents as may be specified by the Competent Authority from time to time. (2) The claims for reimbursement of medical expenses should be submitted to the Competent Authority within three months from the day of completion of the treatment. The time barred claims may be admitted beyond three months but within one year from the date of completion of treatment if the Competent Authority Is satisfied in each case that, the delay in submission of claims is for reasons beyond the control of employee. (3) The Authority may reimburse charges in respect of medical attendance and/or treatment received by an employee or his family at a place other than his headquarters on the basis of satisfactory documentary proof in support of his claim provided that the treatment is taken from an Authorised Medical Officer or Hospital under the control of the Central Government! State Government I Municipal Corporation/ Municipal Committee and empanelled Nursing Homes as specified by the Authority from time to time. (4) The 'Competent Authority may at its sole discretion disallow claim for reimbursement. if it is not satisfied with the documentary proof produced by an employee In support of his or her claim." Clause 11 of Ext P2 reads as follows: "11. Medical Allowance OPD/Domicile Medical Treatment: 11.1.1 A new scheme of medical reimbursement with annual ceiling on self certification basis for OPD/Domicile Medical Treatment to be paid on monthly basis is introduced as under: Pay Scale 16400-40500 20600-46500 24900-50500 29100-54500 32900-58000 36600-62000 43200-66000 51300-73000 62000-80000 Chairman and Board Members 11.1.2: The annual ceiling payable on certification is inclusive of reimbursement towards pathological tests and other investigations on OPD basis. 11.2 Reimbursement - Chronic Diseases 11.2.1: The actual reimbursement of medical expenditure incurred towards chronic diseases in addition to the above monthly reimbursement will continue to be paid as per the existing policy. The chronic diseases need to be necessarily certified by AA1 Medical Officer. 11.2 Reimbursement - Chronic Diseases 11.2.1: The actual reimbursement of medical expenditure incurred towards chronic diseases in addition to the above monthly reimbursement will continue to be paid as per the existing policy. The chronic diseases need to be necessarily certified by AA1 Medical Officer. 11.2.2: At Airports where no AAI Medical Officer is available, the Officer-In- Charge/Airport Director shall issue sanction order for chronic diseases based on recommendation of Doctor concerned. 11.2.3: The annual reimbursement on outdoor medical bills will be applicable from the date of issues of this order. 11.2.4: With the introduction of medical reimbursement scheme on self certification, the existing system of reimbursement for OPD stands dispensed with. The review of annual ceiling limit will be made after five years with the condition that the increase in no case be more than 15% of the annual ceiling proposed at para 11.1 above. The next revision will be allowed w.e.f 01.01.2014. 11.3: Indoor Treatment 11.3.1: The existing facility will continue, however, room rent entitlement will be reviewed while finalizing empanelment of hospitals." 15. A reading of the Regulations which exclusively deal with the benefits relating to medical attendance, reimbursement, dependency, etc and the order Ext P2 which provides for several revised perks and allowances including revision of benefit of OPD will show that Ext P2 does not provide for anything regarding eligibility with respect to dependency. 16. The revision provided in Ext.P2 does not provide for or deal with dependency and it does not in manner alter or revise the conditions as to dependency. Therefore, by way of introduction of Ext.P2, it cannot be said that sub clause 2 or 3 of clause 3 of the Regulations, restricting either of the spouses to avail the facilities on submitting joint declaration is taken away or in any way modified. The provisions regarding medical treatment was given under clause 9 of Ext.P1 which provided that the claims for medical expenses shall be submitted in the form annexed to the Regulations duly supported by the prescription, cash receipts and cash memos etc. and then it should be submitted to the competent authority within 3 months and the authority may reimburse the charges in respect of medical attendance and treatment received by the employee. Clause 12 also provided for the outpatient treatment. Sub clause 2 of clause 12 provided for restriction of one month's D.A in each financial year. and then it should be submitted to the competent authority within 3 months and the authority may reimburse the charges in respect of medical attendance and treatment received by the employee. Clause 12 also provided for the outpatient treatment. Sub clause 2 of clause 12 provided for restriction of one month's D.A in each financial year. That restriction has been removed in Ext.P2. When clause 3 of the Regulations provides for the restrictions regarding the eligibility of spouses, clause 12 of the Regulations provided for the outpatient treatment, which alone is modified in clause 11 of Ext P2. Therefore, the petitioners cannot claim that both the spouses can avail the benefits provided in clause 11 of Ext.P2. Clause 11 of Ext.P2 cannot be interpreted in such a way that reimbursement for OPD is available for both the spouses and restrictions are applicable only for inpatient treatment and other facilities provided in Ext.P1 regulations. 17. It is also pertinent to note that clause 19 of the Regulations provide that in respect of matters for which no provision is made in the regulations, shall be the same as those applicable to other employees of Government of India of corresponding status. Petitioners do not have a case that restrictions are imposed only under the respondents. 18. In the above circumstances, the action of the respondents cannot be said to be illegal. The petitioners were not entitled to claim medical allowances contrary to the provisions contained in clause 3. Any reimbursement claimed and received by both the spouses working under the respondents authority is liable to be recovered, in order to see that only one spouse is given the benefit of reimbursement/medical allowances. As long as there is no separate provision diluting the restrictions imposed in clause 3 of the Regulations, the action of the respondents cannot be said to be illegal. Therefore the petitioners do not deserve any relief in these cases. In cases where the petitioners have drawn the OPD benefit contrary to clause 3 of Ext.P1 Regulations, the respondents are free to recover it from the petitioners. However, the respondents shall effect such recovery in easy installments. The writ petitions are accordingly dismissed.