BINA SAXENA Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard finally with the consent of learned Counsel for the Petitioner and the learned Counsel for the Respondents.

(2.) Petitioner assails judgment and order dtd. 5/4/2019 passed by Central Administrative Tribunal, Mumbai dismissing the Original Application No.176 of 2018. The Original Application was instituted by Petitioner seeking reimbursement of balance amount of medical expenses of Rs.3,78,986.00 incurred for medical treatment of her late husband at Ruby Hall Clinic, Pune.

(3.) Petitioner is the spouse of Central Government pensioner, who retired from service in the year 2001 and who was the enrolled as a beneficiary of Central Government Health Scheme (CGHS). Petitioner's husband was suffering from chronic kidney disorder and used to visit CGHS Welfare Centre frequently. On 14/1/2016 he developed acute pain in the urinary bladder and was required to be admitted to Ruby Hall Clinic, which is a CGHS empanelled hospital. After taking treatment for about 17 days, he was discharged from the said hospital on 2/2/2016. He was again required to be admitted to that hospital on 12/2/2016 with complaint of severe pain in the urinary bladder. He was kept in Intensive Care Unit (ICU) of the hospital from 12/2/2016 to 19/2/2016 and was discharged on 19/2/2016. He did not claim any reimbursement for expenses incurred for these two hospitalizations, but took benefit of mediclaim policy. On 24/2/2016 Petitioner's husband again complained of acute pain in the urinary bladder and was required to be rushed to Ruby Hall Clinic in an emergency situation. Petitioner contends that since pain was experienced by her husband in the evening of 24/2/2016, it was practically impossible to take him to CGHS Wellness Centre, which usually closes at 1400 hours. On 25/2/2016 Petitioner's husband was diagnosed urinary bladder cancer. On 9/4/2016 he passed away due to multiple organ failure.