PAMELA BHANDARI Vs. GAS AUTHORITY OF INDIA LTD

JUDGEMENT

(1.) In these proceedings, under Article 226 of the Constitution of India the relief claimed is the setting aside of a decision by respondent, (hereinafter called 'GAIL') dated 28th December 1999 disallowing the petitioners' expenditure incurred for the angioplasty treatment of her husband and consequential directions that claims in the sum of Rs.4,46,170/- and Rs.1,23,200/- respectively be granted. The other directions sought sought is for remitting the pay revision arrears and other claims of the petitioner along with appropriate interest.

(2.) The petitioner, an Indian Revenue Services (IRS) Officer was deputed to GAIL as its Chief Vigilance Officer for the period from June 1997 to July 2000. Sometime during this period, her husband, Shri. Anil Bhandari was diagnosed for serious coronory disease, chest pain and he underwent coronary angiography on 1.4.1999. He had undergone an angioplasty procedure about 10 years earlier in 1989. This time the diagnosis/ the recommendation after evaluation of angiogram was Myocardial revascularisation/CABG). The report was examined by Dy. CMO(Deputy Chief Medical Officer) of GAIL, Dr. S.K. Saboo who referred the patient to Dr. Seth at Escort Heart Institute for necessary assessment on 5.4.1999. The petitioner requested for sanction which was given by the letter dated 6.4.99 on behalf of GAIL. On the same day patient was examined by Dr. Seth in the Escort Hospital. The diagnosis of Dr. Seth recorded ?PTCA + Stent. RCA and LLAD ROTA + Stent LCX?.? The patient was advised to be admitted as soon as possible.

(3.) Mr. Bhandari was admitted in the Escort Heard Institute and Research Centre, admittedly a referral institute as far as GAIL is concerned on 15.9.1999. He underwent ?PTCA+Stent to Stent + Stent ; Om -1 + PTCA ; LCX LAD and ROTA ; Stent RCA on 16.4.1999, (hereinafter referred to as angioplasty procedure). On 19.4.1999 he underwent a further angioplasty procedure.