B R MEHTA Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been filed for issuance of a writ of mandamus to the respondents for immediate release of the medical claim of the petitioner. The petitioner was working as an Inspector Central Excise and Customs at Karnal under Commissioner of Central Excise, I.P.Estate, New Delhi, respondent no.2 herein.who is overall Incharge in running the administration of the Department. Respondent no.3 is the incharge of Central Government's Health Scheme and is responsible to look into the health care facilities for Central Government employees. The petitioner retired from the Department while posted at Karnal under Superintendent Central Excise, Karnal and Assistant Commissioner, Ambala on 31st May, 1986 after putting in about 41 years of dedicated service. He fell seriously ill and contacted the doctor on 27th October, 1996 at Civil Hospital, Karnal which was the required procedure and practice for working and retired Central Government Employees. He was referred to Escorts Heart Institute & Research Centre at New Delhi by the competent and authorised Principal Medical Officer of the Civil Hospital Karnal as the Escorts Heart Institute is recognised for coronary by-pass surgery by the Ministry of Health & Family Welfare as the petitioner was entitled to health care facilities as provided by the Central Government. There is no C.G.H.S. Hospital or dispensary at Karnal from where the retired Central Government employees could get their treatment. Therefore, the treatment was being obtained from Civil Hospital in that town as it was also recognised in the case of serving employees of the Central Government. The petitioner always availed of the medical facilities as provided by Civil Hospital, Karnal whenever the need arose.

(2.) The petitioner was referred Escorts Heart Institute & Research Centre, New Delhi vide communication dated 1st January, 1997 by the Director General Health Services, Haryana, Chandigarh. This letter is filed as Annexure-'A' to the writ petition and reads as follows:-

(3.) The petitioner underwent by-pass surgery on 11th November, 1996 after preliminary tests were conducted and he remained in Escorts Heart Institute & Research Centre as an indoor patient during the period of his treatment. He incurred the medical expenses to the tune of Rs.l,78,850.00 which he is claiming in the present writ petition. The bill was submitted to Assistant Commissioner, Central Excise, Sonepat duly forwarded by Superintendent Central Excise, Karnal who forwarded the same on 4th February, 1997. The bill, however, was sent back with a direction to send the same to Assistant Commissioner, Central Excise, Ambala. There was inaction on the part of the Assistant Commissioner, Central Excise, Ambala and the bill remained pending in his office for about two months and the petitioner addressed a communication dated 2nd May, 1997 reminding the Assistant Commissioner, Ambala for reimbursing the medical claim immediately. There was no response and the petitioner sent further communications on 1st June, 1997 and 26th June, 1997 to Chief Accounts Officer, Central Excise Commissionrate, I.P. Estate, New Delhi. A representation was next sent on 4th July, 1997 to the Commissioner, Central Excise, Central Revenue Buildings, New Delhi asking for the reimbursement of the amount incurred for coronary bypass surgery. The Office of the Commissioner of Central Excise replied on 9th July, 1997 in the following manner:-