VEENA SHARMA Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) The dispute in this writ petition relates to reimbursement of the hospital expenses incurred by the deceased husband of the petitioner, D.N. Sharma, in connection with his treatment at the Apollo Hospital, New Delhi. The petitioner seeks direction not to deduct the amount paid to the said Hospital from the amount of Provident Fund payable to her husband, and to make full payment of the amount of Provident Fund, gratuity with interest.

(2.) Late D.N. Sharma was an Officer in MMG-III category under the State Bank of India. On or about March 19, 1997 he was afflicted with a disease called Herpes Zoster which led to blinding and hemorrhage in his right eye. He was initially treated at Tara Hospital, Patna. After his condition deteriorated, on the recommendation of the Bank's Doctor, he was admitted in the Apollo Hospital, New Delhi on March 23, 1997. On tests conducted at the said Hospital he was found to be a HIV Positive i. e. suffering from AIDS. He was discharged from the said Hospital on May 23, 1997 when his condition started improving. However, after his return to Patna when his condition deteriorated, on the recommendations of the Bank's Doctor, he was again admitted to Apollo Hospital for specialised treatment on September 13, 1997. Being HIV Positive, he was kept in the isolation ward and treated for his ailments. In the night of October 17/18, 1997 he died. During this period the Bank had reimbursed the expenses incurred in course of treatment. After the death, bills for Rs. 2,85,849,15 and Rs. 2,40,897 respectively were submitted for reimbursement. The respondent-Bank however, held that amounts of Rs. 1,21,768 and Rs. 83,901 out of the said two bills was not admissible and accordingly deducted Rs. 2,05,689 from the Provident Fund deposits of the petitioner.

(3.) From Annexures-D and D/1 it appears that the major cut was under the head room rent. The reimbursement was claimed under that head in the said bills for amounts of Rs. 1,76,825 and Rs. 1,13,520, it was however allowed to the extent of Rs. 24,013 and Rs. 18,216 op the ground that being an Officer in the Middle Management Grade (MMG-III) he was entitled to reimbursement at not more than Rs. 950 per day. The Bank has enclosed copy of the Guidelines dated June 27, 1996 along with the counter affidavit, marked Annexures-B, communicating the standardisation of medical charges payable on account of reimbursement in terms of Rule 24 of the State Bank of India Officers (Terms and Conditions of Services) Rules (in short 'the Rules') by which reimbursement limits have been fixed for different categories of Officers of the bank applicable to Mumbai 'and metro cities. For Officers of the MMG-III category and SMG-IV category the upper limit of the accommodation charge in the hospital has been fixed at Rs. 950.00 and it is on that rate that part reimbursement has been allowed to the petitioner's husband. The point for consideration is whether the petitioner's husband was entitled to the reimbursement of the actual expenses or reimbursement of only admissible claim. It may be mentioned that so far as the bills in question are concerned, their correctness or genuineness is not disputed by the Bank.