GURCHARAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner before his death was a CGHS beneficiary. He died during the pendency of the present writ petition filed for directions to the respondents to reimburse medical expenses incurred by him on the treatment of his wife in Sir Ganga Ram Hospital firstly on 02.07.2005 and again on 03.08.2005. After his death on 29.04.2008, his widow Smt. Surjeet Kaur was substituted as his legal heir vide order passed by this Court on 21.10.2008.

(2.) The only short question that arises for consideration in the present writ petition is whether the petitioner was entitled for reimbursement of medical expenses at the scale of approved rates approved by the Government in 2001 or was he entitled to reimbursement of actual expenses charged by the Hospital from him in 2005 for the treatment of his wife.

(3.) Briefly stated the facts of the case giving rise to the above question are that the wife of the petitioner was admitted in Sir Ganga Ram Hospital on an emergency call on 26.05.2005 and she was got discharged from the Hospital on 02.07.2005 upon payment of Rs. 31,557/- against Bill No. 0149876 dated 02.07.2005. As per the petitioner, he got his wife discharged from the Hospital on 02.07.2005 as permission for treatment in Sir Ganga Ram Hospital was not taken from the concerned CGHS dispensary before her admission in view of emergency on 26.05.2005. The petitioner after getting his wife discharged from the Hospital on 02.07.2005 approached the concerned CGHS dispensary which referred his wife for further procedure to Sir Ganga Ram Hospital vide approval granted on 04.07.2005. Upon such approval being granted by the CGHS dispensary to the petitioner, he got his wife admitted again in Sir Ganga Ram Hospital for operation of removal of her kidney on 13.07.2005 where she underwent treatment till 03.08.2005. She was discharged from the Hospital on 03.08.2005 upon payment of Rs. 1,73,391/- by the petitioner against Bill No. 0155711 dated 03.08.2005.