S K SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The rights of an ex-Government employee to claim reimbursement of medical expenses in the absence of being a member of the CGHS Scheme has given rise to the present writ petition.

(2.) The petitioner retired from service as Principal Chief Conservator of Forests of Mizoram on 30.9.1990 and thus served the Indian Forest Services in the Union Territory cadre till that date. The petitioner started residing in Bareilly, U.P. after his retirement. The petitioner and his wife both suffered from heart ailments and ultimately approached the Escorts Heart Institute, New Delhi which is an institute approved under the Central Government Health Scheme(CGHS) for treating cardiac related diseases. It is stated in the writ petition that in view of the urgency involved, the petitioner without seeking prior approval got his wife admitted for implantation of pace marker which was done on 7.7.97. Soon thereafter the petitioner also underwent a by-pass surgery on 16.7.97. The petitioner paid for both the services and stated that the amount for the same constituted more than 2/3rd of his retiral benefits.

(3.) The petitioner claimed the reimbursement of the amounts spent of Rs.1,14,798/- for his wife and Rs.1,80,490/- for himself in August, 1998 and the claim of the petitioner was rejected on 7.12.98. The petitioner made another representation on 1.6.99 but to no avail. The petitioner thereafter filed the writ petition.