KARAN SINGH Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) THE challenge in the present writ petition is to an order passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (for short the Tribunal) on 03.08.2010 whereby an original application filed by the petitioner for reimbursement of actual expenses incurred by the petitioner on his treatment was declined. The petitioner was working as Senior Tax Assistant in the year 2006 when he suffered a heart attack. He was admitted in a private hospital namely Oxford Hospital, Jalandhar on 04.03.2006 and underwent Coronary Angiography with Stenting on 18.03.2006. He was discharged on 21.03.2006 and joined his duties on 25.04.2006. He incurred expenditure of Rs. 2,94,463/ - and claimed reimbursement of the said amount but only a sum of Rs. 1,72,428/ - was reimbursed.

(2.) AGGRIEVED against the non reimbursement of the remaining amount, he invoked the jurisdiction of the Tribunal under Section 19 of the Administrative Tribunals Act, 1985, which was dismissed on 03.08.2010. It was found that the petitioner is entitled to medical reimbursement in full or on the basis of package rates for having taken treatment at private hospital in view of the judgment of Bombay Bench of the Tribunal reported as (1995) 31 Administrative Tribunal Cases Page 1 titled as 'N.B. Rao v. Union of India' as well as later judgment of the Hon'ble Supreme Court reported as : 1998 (4) SCC 117 titled as 'State of Punjab v. Ram Lubhaya Bagga.

(3.) A list of private hospitals recognized for Coronary Angiography and bypass surgery on a referral basis is given in the Annexure.