UNION OF INDIA Vs. SHYAMA MALHOTRA

JUDGEMENT

(1.) Union of India-the appellant has filed the present Appeal against the judgment dated 20th February, 2007 allowing the writ petition filed by Smt.Shyama Malhotra-the respondent No.1 and her son, Mr. Jaswant Malhotra-the respondent No.2. By the impugned judgment, learned Single Judge has directed the appellant to reimburse medical expenditure incurred on treatment of respondent No.1 .

(2.) It is an admitted case of the parties that the respondent No.1 who is about 80 years old, was admitted for treatment in Batra Hospital (Nephrology Department), an Institute approved under the Central Government Health Scheme (hereinafter referred to as CGHS, for short), in a critical condition and emergent circumstances in May, 2005. A large portion of her intestine had turned gangreous and was operated upon. She remained in hospital for nearly three months and expenditure of more than Rs.14 lakhs was incurred. Out of the above amount, Rs.10,06,666/- was refunded by CGHS to the respondent No.2 as the name of the respondent No.1 was shown as a dependent of the respondent No.2 in the CGHS card. It may be stated here that a Writ Petition (Civil) No. 2113/2006 was filed as a Public Interest Litigation alleging, inter alia, that the respondent No.2 was not entitled to reimbursement of the medical expenditure as total monthly income of respondent No.1 was more than Rs.1500/-. The respondent No.2 in these circumstances refunded the amount of Rs.10,06,666/- to the appellant in March, 2006.

(3.) On 20th March, 2006, the respondent No.1 being a retired Central Government employee was issued a CGHS card in her own name. Thereafter, she applied for reimbursement of medical expenses incurred. The said request was rejected on the ground that the medical expenditure was incurred when she was incorrectly shown as a dependent family member of the respondent No.2 and CGHS card was issued in her favour only on 20th March, 2006.