LAWS(DLH)-2005-10-49

J C SINDHWANI Vs. UNION OF INDIA

Decided On October 07, 2005
J.C.SINDHWANI Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The petitioner, a Central Government pensioner (having worked in the Ministry of Agriculture) claims full reimbursement for the expenses incurred by him towards his medical treatment, in these proceedings under Article 226 of the Constitution of India.

(2.) The petitioner was admitted to the Sucheta Kriplani Hospital on 26.5.2001; upon deterioration in his condition, the attending physicians advised him to be shifted for cardiac care, in view of a life-threatening condition. He was accordingly rushed to the Escorts Heart Institute, where cardiologists, after evaluation of his condition, decided to perform coronary bye-pass surgery. This was done on 31.5.2001. The petitioner was discharged on 5-6-2001; he had to pay Rs.2,07,280/- to the Institute for the treatment, and other expenses. The petitioner claimed reimbursement; the second respondent however sanctioned only Rs.1,01,900/-. He repeatedly represented for the balance amount. By virtue of letter issued by the second respondent, on 15-6-2001, the petitioner was sanctioned permission for the follow up treatment in the Institute, on account of certain persisting medical problems. He was again hospitalized in October, 2001 for four days, for which he paid Rs.28,060/-. The second respondent did not reimburse the entire amount; instead it paid only Rs.15,185/-.

(3.) The petitioners' repeated attempts at securing full reimbursement were unsuccessful, he has therefore moved this court, complaining the respondents' actions as arbitrary and violative of Article 14 of the Constitution of India.