HONY. CAPT. BAKHSHISH SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The prayer in the present writ petition is for medical reimbursement of the medical claim made by the petitioner for full amount of Rs. 1,56,127/- for the treatment, which he got from Post Graduate Institute of Medical Education and Research, Chandigarh, (in short "PGIMER, Chandigarh") for the implantation of permanent dual chamber pacemaker and hospitalisation and other ancillary bills.

(2.) Counsel for the petitioner contends that the petitioner was Hony. Captain in the Army and referred to PGIMER, Chandigarh, by the Command Hospital, Chandi Mandir, where he had reported on feeling un-easiness and tiredness. As the pulse of the petitioner was very low and there was complete blockage in the heart of the petitioner, as an emergency measure on his reference to the PGIMER, Chandigarh, he was admitted therein on 03.03.1999. He was discharged on 17.03.1999 after implantation of permanent dual chamber pacemaker. He contends that in the light of Instructions dated 28.03.1988 (Annexure-P-2), PGIMER, Chandigarh, is the hospital, which is recognised as Civil Hospital for specialised treatment to the service personnel and their families. According to these instructions, the rates as fixed and approved by the Ministry of Health and Family Welfare for CGHS beneficiaries would be applicable and payable, since the petitioner has not been granted the said rates, a direction be issued to respondents to release the total amount of re-imbursement, which comes to Rs. 1,56,127/-, whereas only Rs. 81,300/- had been re-imbursed to him on 06.03.2000. He on this basis prays that the present petition be allowed He relies upon the judgment of this Court in the case of Lt. Col. M.L. Kohli v. Union of India, 2001 1 SCT 682, to support this contention.

(3.) On the other hand counsel for respondents submits that a specific stand has been taken by respondents in paras-4 and 5 in response to the writ petition, wherein it has been stated that the Instructions dated 28.03.1988 (Annexure-P-2) is only applicable to the service personnel and their families. These instructions are not applicable to the ex-servicemen nor are they covered under the said Instructions, therefore, no benefit under the said Instructions can be granted to the petitioner. He submits that for the benefit of ex-servicemen and their dependents, they are given financial assistance for treatment for serious diseases like, heart, cancer, renal, prostrate, and joint replacement through Non-Governmental funds, which are raised by donation received from Armed Forces Flag Day Fund. In the light of the increase in number of requests, the Kendriya Sainik Board is not in a position to provide 100% financial assistance to ex-servicemen as there is paucity of funds. The financial assistance, which is provided from time to time, is dependent upon the availability of funds and accordingly financial assistance varies from time to time. He refers to the affidavit dated 27.12.2004 filed by Wg. Cdr. R. Ranjan son of S.K. Ranjan, Director, Kendriya Sainik Board in this regard. He on this basis submits that as has been mentioned in para-7 that the petitioner had incurred an expenditure of Rs. 1,56,127/- in respect of pacemaker implantation. The cost of the pacemaker was Rs. 1,35,500/-, which was the qualifying amount of financial assistance. The treatment, which was done on the petitioner, was prior to 09.06.1999 and at that time the ex-servicemen were entitled to 60 per cent of the expenditure incurred by him on medical treatment. As per the entitlement of the petitioner, 60 per cent of the expenditure incurred by the petitioner was paid to him as financial assistance, which comes to Rs. 81,300/- from the Armed Forces Flag Day Fund. He on this basis submits that the benefit, which has been claimed by the petitioner, cannot be granted to him as all dues have been paid to the petitioner, which were admissible under the law.