UNION OF INDIA Vs. S K RAMPAL

JUDGEMENT

(1.) Dispute in this petition is regarding reimbursement of medical claim. Respondent is working as Junior Scientific Officer (Physics) in the Central Forensic Science Laboratory at Chandigarh (for short "CFSL") and thus, is a Central Government employee. Respondent developed heart ailment and remained under treatment in General Hospital, Sector 16, Chandigarh. Respondent was advised to undergo angiography and if need be, to undergo by-pass surgery. Respondent approached the Escorts Heart Institute and Research Centre, New Delhi (for short "Escort Hospital") for advance treatment. Respondent made a request to the office for making payment of Rs. 1,74,000/- as advance money for his treatment i.e. the amount as indicated in the estimate, Annexure P-2 issued by the Escort Hospital. Director, Central Forensic Science Laboratory sanctioned a sum of Rs. 1,39,0007- i.e., 80% of the amount demanded, and sent the payment directly to the Escort Hospital by bank draft on 13.11.1996. The Director CFSL later on examined the case of the respondent for reimbursement of medical claim and it was found that in terms of circular dated 31.10.1994, Annexure P-1 issued by the Ministry of Health and Family Welfare he was only entitled to reimbursement of Rs. 72,480/-. Respondent after undergoing angiography and coronary by-pass surgery, submitted his medical reimbursement bill in the sum of Rs. 1,76,694.60 as per the certificate Annexure P-4 given by the Escorts Hospital and prayed that after adjusting the advance of Rs. 1,39,000/-, the balance amount of Rs. 37,694.60 may be reimbursed, The Director CFSL, however, came to the conclusion that in terms of the circular dated 31.10.1994, Annexure P-1, the respondent was entitled to reimbursement of Rs. 72,480/- only. He accordingly deducted the balance amount of Rs. 66,520/- from the sanctioned amount of Rs. 69,000/- against General Provident Fund advance of the respondent and paid the balance amount of Rs. 2,480/- to him.

(2.) Aggrieved by this action of the petitioners, respondent approached the Central Administrative Tribunal, Chandigarh Bench, Chandigarh by filing a petition for seeking a direction to the petitioners to reimburse the entire medical claim as indicated in Annexure P4. The petitioners took a stand before the Tribunal that the respondent was entitled to reimbursement to the extent of Rs. 72,480/- only as admissible in terms of circular dated 31.10.1994. Annexure P1, applicable to the Central Government employees who choose to get themselves treated from a private hospital recognised by the Central Government Health Services when the said facility is available in a number of government hospitals such as All India Institute of Medical Sciences, New Delhi, G.B. Pant Hospital, New Delhi and P.G.I., Chandigarh etc. in view of Rule 6 of the Central Services (Medical Attendance) Rules for short "the Rules".

(3.) The Central Administrative Tribunal, Chandigarh Bench, Chandigarh on a consideration of the matter and after relying upon its two earlier judgments in D.P. Puri v. Union of India and Ors., in O.A. No. 94/PB of 1996 decided on 8.11.1996, J.D. Verma v. Union of India, O.A. No. 646/CH of 1995 decided on 27.3.1997 and two judgments of the Supreme Court in State of Punjab and Ors. v Mohinder Singh, 1997 S.C.C. (L&S) 294 and Surjit Singh v. State of Punjab, 1996(1) R.S.J. 845 came to the conclusion as under:-