MANISH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) As per facts involved, the petitioner after having joined Sashastra Seema Bal (hereinafter referred to as 'SSB') as a Constable on 1/2/2006, remained posted to 11 Bn until 7/4/2012, whereafter he was posted to 42 Bn at Coy Hqr, Gandoh, J&K on 18/4/2012.

(2.) On 1/10/2013, the petitioner, vide an application to the Commandant 42 Bn, requested for self-treatment from any of the SSB empanelled Hospital for his kidney ailment. In response, the Director (Medical) FHQ SSB, New Delhi accorded the permission on 4/10/2013. Based thereon, the petitioner reported at 25 Bn, SSB Ghitorni, New Delhi on 6/10/2013, where he was accommodated at the unit Hospital for dialysis. The petitioner was further kept on dialysis at an SSB empanelled Hospital being the Asian Institute of Medical Science, Faridabad, Haryana on credit basis through 25 Bn, SSB Ghitorni, New Delhi from 7/10/2013 to 17/3/2015.

(3.) In the meantime, the petitioner, vide an application dtd. 6/2/2014, made a request to the Commandant 42 Bn seeking permission to proceed for kidney transplant at Sir Ganga Ram Hospital, New Delhi (hereinafter referred to as 'SGRH'). In response, 25 Bn, SSB Ghitorni, New Delhi on 27/2/2014 categorically informed the petitioner that SGRH was neither recognized under Central Government Health Scheme (hereinafter referred to as 'CGHS') nor is it an empanelled Hospital with the SSB. Despite thereto, the petitioner, nevertheless, proceeded for his medical treatment from SGRH and in fact vide an application dtd. 16/6/2014, applied for a medical advance of Rs.11,00,000.00. Needless to say, the said application was returned to him vide memorandum dtd. 13/10/2004 alongwith the following remarks of the Ministry of Home Affairs (hereinafter referred to as 'MHA'):