SHAMSHER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner in these writ proceedings claims a direction to the respondents for reimbursement of a sum of Rs. 2,81,689/- which were the expenses incurred by him for his medical treatment.

(2.) The undisputed facts are that the petitioner was working with the Department of Tele-communication. During his employment, he was subscriber of the Central Government Health Scheme (CGHS) and entitled to the medical facilities as per the scheme. He retired from the services on 31.7.1997. After superannuation, he shifted to his native place in District Dehradun, Uttranchal. It is claimed that the village where he was resided was not covered by the CGHS; as a consequence his erstwhile employer, DOT in addition to pension and other allowances also paid him Rs.100/- per month to meet the day-to-day medical expenses which did not cover hospitalization. Admittedly, the petitioner had not surrendered his CGHS card, though, as per the circulars and guidelines in that regard he was required to do so.

(3.) It is averred that sometime in December 2003, the petitioner permanently shifted to Delhi and intimated the fact to the Department of Tele-communication. He also intimated that the medical allowances hitherto being received by him may be stopped and that he would be entitled to CGHS coverage. The DOT by its letter dated 31.12.2003 advised the disbursing authority, the Punjab National Bank, to stop paying the sum of Rs.100/- per month. It is also claimed that the petitioner had applied on 13.1.2004 for re-admission to the CGHS and deposited amount of Rs.4800/- being the life time contribution for the purpose.