YOGESH NIRALA Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) IN this Original Application, the applicant has challenged the Annexure A -1 order of the Chief Medical Superintendent, Northern Railway, Divisional Hospital, Delhi dated 17.07.2012, rejecting his request for reimbursement of the medical expenses incurred by him on the following grounds: - - "Case of Duchene Muscular Dystrophy, underwent stem cell therapy at Pvt. Hospital in Pune. This is a chronic illness and emergency as per RB policy cannot be justified. Claim is hence rejected."

(2.) THE brief facts of the case are that the applicant is working as Chief Loco Inspector, Northern Railway, New Delhi. His son Kapil Nirala has been suffering from the serious disease of Duchene Muscular Dystrophy (DMD), from the time of his birth. As a result, the following deficiencies were developed in him: - -

(3.) WHEN he was three years old, it was noticed that his growth was not normal and the applicant approached the Central Hospital, Northern Railway, New Delhi for diagnosis and treatment. As there is no treatment available with them, they have referred his son to All India Institute of Medical Sciences (AIIMS) for specialized treatment and they have also diagnosed his disease as DMD and referred him to their doctors Rohit Bhatia and Sumit Singh. There he was getting treatment from 28.07.1999. As no proper treatment was made available to his son even in AIIMS, he consulted Santosh Medical and Dental Hospital, Ghaziabad and Rajpur Orthopaedic Centre, Bombay and he got his son examined on 11.11.2009 and 28.11.2009 respectively. Again, as he did not get any proper treatment from them also, he approached the centre at Chaitanya Hospital and Nursing Home, Pune, and got his son admitted there during the period from 17.11.2011 to 29.11.2011. They administered him the Stem Cell doses for the treatment during the said period. The Hospital charged him Rs. 4 Lacs for four doses of Stem Cell Therapy administered on his son. As per their advice, he was again admitted in the said Hospital from 16.02.2012 to 15.03.2012 for further treatment and charged further amount of Rs. 3 Lacs. Thereafter, the applicant submitted his claim for reimbursement of the total amount of Rs. 7 Lacs to the Chief Medical Superintendents, Delhi on 14.04.2012. But the respondents rejected his request vide the impugned letter dated 17.07.2012 stating that his son was suffering from chronic illness and the treatment was not on any emergency basis as per Railway Board policy. The applicant filed an appeal on 30.07.2012 against the said decision to the Chief Medical Director (Respondent No. 2) but despite several reminders sent to him, he has not considered the same. He has also stated that as he could not afford to take his son for continued treatment in Chaitanya Hospital and Nursing Home, Pune, he expired on 15.11.2013.