B S DHANDA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner while serving in the Army suffered a chest pain/Angina on 21/10/1994 which on medical examination was diagnosed to be a case of Ischemic heart disease. After the condition of the petitioner became stable, the petitioner was sent to Command Hospital, Pune, for examination and opinion of the Cardiologist, who after conducting various clinical tests endorsed his opinion on the case sheet. On the basis of such report, the petitioner was placed in Low Medical Category temporarily and recommended six weeks sick leave. After completion of the sick leave, the petitioner was re-admitted to his place of posting, that is, MH Belgam for re-classification of the medical category, wherein he was again placed in Low Medical Category temporarily. Even thereafter, the petitioner was again examined and was sent for advice by consultant in Cardiology in AFC. The petitioner after he was examined was advised to undergo coronary Angiography and further specialised medical treatment in Escorts Institute, if considered necessary.

(2.) The petitioner submitted an application in accordance with the existing procedure and on the basis of the said application, the Director General of Medical Services (Army) recommended sanction of a loan of Rs.1,50,000/~ vide sanction letter dated 30/08/1995, which loan amount was credited into the account of Army Hospital for onward payment to Escorts Institute. The petitioner thereafter underwent Angiography and in consequence thereof also underwent Angioplasty at Escorts Heart Institute. After the said treatment, a bill of Rs.1,68,065/- was given to the petitioner for payment. An additional amount of Rs.18,065/- was also advanced as loan against the petitioner's application and the said amount was transmitted to Army Hospital for onward payment to the Escorts Heart Institute. Accordingly, the entire bill pertaining to specialised medical treatment of the petitioner was cleared by the Army Hospital on behalf of the petitioner.

(3.) Consequent thereto, the petitioner put up a claim for reimbursement Of the entire expenditure amounting to Rs.1,68,065/~. However, on 20/11/1996, the petitioner was informed that he would be entitled only to a claim of Rs.99,500/- and that the balance amount of Rs.68,565/- was disallowed directing the petitioner to refund the said amount. Being aggrieved by the same, the petitioner submitted a statutory complaint for consideration of the respondent No.1, but the said complaint was rejected and, therefore, the present petition was preferred in this Court-by the petitioner seeking for quashing of the orders dated 16/11/1998 and 16/12/1998 issued by the respondents, with a further direction to the respondents to reimburse the entire claim preferred by the petitioner and also to sanction reimbursement of the balance amount of Rs.68,565/- which is being claimed by the respondents from the petitioner.