V K GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) . The petitioner is employed with Delhi High Court and is covered by the Central Government Health Scheme known as CGHS. Petitioner by this writ petition seeks a direction to the respondents, namely, Union of India, through Secretary, Ministry of Health & Family welfare, Nirman Bhawan, New Delhi and the Registrar, Delhi High Court, New Delhi, to reimburse the full amount paid to the Escorts Heart Institute and Research Centre Ltd. (for short EHIRC), for the open heart surgery operation, undergone by him. Petitioner also prays for costs to be awarded.

(2.) . Petitioner was suffering from cardiac disease, which was diagnosed as a case of residual VSD closure and was referred to EHIRC for treatment. The Registrar of Delhi High Court duly permitted the petitioner to undergo treatment and open heart surgery at EHIRC. A communication dated 24.5.2000, was addressed to the Medical Supdt. EHIRC, permitting the petitioner to have treatment at the Centre as per his entitlement and for admission to the private ward. The said communication was also endorsed to the Medical Officer Incharge, CGHS Dispensary, with whom the petitioner is duly registered.

(3.) . Petitioner was admitted to EHIRC on 6.9.2000, and was discharged on 28.9.2000 after a successful surgery. The total expenses incurred was Rs.2,27,276.35 (Rupees two lakhs twenty seven thousand two hundred seventy six and paise thirty five only) on treatment and paid to EHIRC. Petitioner had received an advance of Rs.1,02,465.00 and was also reimbursed a total sum of Rs.44,695.50 thus leaving a balance of Rs.70,115.85 as outstanding.