SH. BALRAM SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner seeks full reimbursement of the medical expenses incurred by him while undertaking the treatment at Escorts Heart Institute and Research Centre, New Delhi (hereinafter referred to as the 'Escorts Heart Institute') from his employer Department of Tele -communication, Government of India. He had sought this relief by filing OA before the Central Administrative Tribunal, which has been dismissed by the Tribunal vide its judgment dated 23.12.2004. Not satisfied with the said judgment and maintaining hope to recover the expenses incurred by him from his pocket, from the Government, he has challenged the order of the Tribunal and wants that his prayer made in the OA before allowed. This is the second round of litigation which has come to this Court by means of the present writ petition. His OA No. 2175/2002 was earlier dismissed vide judgment dated 8.5.2003. He had filed writ petition challenging that judgment. The said writ petition was dismissed of vide order dated 14.7.2004.

(2.) THE circumstances in which the petitioner was to undergo the said operation at Escorts Heart Institute, on the basis of which he claims that he is entitled to full reimbursement of the expenses and not the partial contribution from the employer, may first be recapitulated.

(3.) THE petitioner, in these circumstances, got himself examined at the Escorts Heart Institute where he was diagnosed a case of Triple Vessel Disease with mild left ventricular disfunction. On this diagnosis, he was advised to undergo open heart surgery and also the Carotid surgery, which is a high risk surgery. The petitioner underwent the said surgery and treatment at Escorts Heart Institute for which purpose the respondent No. 2 paid a sum of Rs. 89,000/ - to the said hospital as advance on 4.6.2000. The surgery took place on 12.6.2000 and the total medical expenses incurred by the petitioner on the said treatment, as per the bills given by Escorts Heart Institute and other medical bills for medicines etc. came to Rs. 2,30,306/ -. The petitioner submitted all these bills along with the requisite certificates to the respondent No. 2 for reimbursement of the balance sum incurred by him on his treatment. He was given another sum of Rs. 41,612/ -. Thus, a total amount of Rs. 1,30,612/ - was reimbursed to the petitioner as against Rs. 2,30,306/ -. As per the respondents, that was the only amount which could be reimbursed as per the rules and therefore, the respondents refused to make further payments. This led the petitioner enter into protected communicated, which, however, did not yield any results. Failing to get relief administratively, the petitioner approached the Tribunal and filed the aforesaid OA, which has met the result already indicated above.