RAMESH CHANDER MALHOTRA Vs. UNION OF INDIA

JUDGEMENT

(1.) Claim in the present petition is in the nature of writ under Articles 226/227 of the Constitution of India seeking quashing of the order/letter dtd. 19/9/2018 (Annexure P-4) and 7/1/2019 (Annexure P-5) whereby the respondents have sought to reject the claim of the petitioner for reimbursement of his medical bills in terms of the Post Retirement Medical Scheme (PRMS) (Annexure P-2), with a further direction to respondents to reimburse medical bills of the petitioner in terms of the PRMS. The Conspectus of Facts

(2.) The petitioner is a retired employee of the Food Corporation of India who superannuated as Manager (Quality Control) after rendering long and unblemished service. The FCI had introduced the Post-Retirement Medical Scheme (PRMS) notified in December 2016 which was framed as a welfare measure for employees of the respondent department for a minimum service period of 15 years and envisages reimbursement of medical expenses subject to prescribed conditions, including treatment at Government hospitals, FCI empanelled hospitals, or such other hospitals of national repute as may be notified.

(3.) The petitioner underwent treatment of right total knee replacement in December 2016, and availed treatment at Amandeep Hospital, Amritsar during the periods 11/9/2019 to 21/8/2017 and 5/12/2017 to 20/12/2017 pursuant to the knee surgery, and thereafter submitted his claim for reimbursement along with requisite medical bills to the competent authority. The matter was processed internally, and an opinion was sought from the Chief Medical Officer, who opined that the treatment having been taken in a private hospital not empanelled with FCI and not notified as a hospital of national repute at the relevant time, the claim would not fall within the ambit of Clause 6.8 of the PRMS.