T S OBEROI Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner, by this writ petition, seeks refund of Rs.51,200.00 together with interest upto date. This represents the amount charged by respondent No.2, Escorts Heart Institute and Research Centre (hereinafter referred to as EHIRC) over and above package rates, for the open heart surgery, undergone by petitioner on 31.1.1995. Respondent No.1 Union of India made a payment of Rs.89,000/- being the package rates, specified in Office Memorandum dated 20.7.1994, leaving the petitioner to pay the charges over and above the package rates.

(2.) Petitioner is a retired Additional District Judge, who last served as a Member of the Central Administrative Tribunal. Petitioner is a patient of CAD (Coronary Artery Disease). Petitioner was unwell and the Head of the Department of Cardiology, Safdar jung Hospital upon examination referred him to the G.B.Pant Hospital for Angiography treatment. Angiography was got done immediately on 24.1.1995, which showed Triple Vessel Disease with 100 per cent blockage in two arteries and 80 per cent blockage in the third artery. Dr.M.Khalilullah, Director and Head of the Cardiology Department, G.B.Pant Hospital recorded the petitioner's condition in the following words:

(3.) The Senior Medical Officer of the Central Government Health Scheme, accordingly, vide letter dated 29-20/94/R&H/CGHS Delhi, addressed to respondent No.2 EHIRC, granted permission for treatment at EHIRC.