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 and gratuity with interest.

(2.) LATE D. N. Sharma was an Officer in MMG -III category under the State Bank of India, On or about 19,3.97 he was afflicted with a disease called Herpes Zoster which led to blinding and haemorrhage in his right eye. He was initially treated at Tara Hospital, Patna. After his condition deteriorated, on the recommendation of the Bank 'sDoctor, he was admitted in the Apollo Hospital, New Delhi on 23.3.97. 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 23.5.97 when his condition started improving. However, after his return to Patna when his condition deteriorated, on the recommendation of the Bank 'sDoctor, he was again admitted to Apollo Hospital for specialized treatment on 13.9.97. Being HIV Positive, he was kept in the isolation ward and treated for his ailments. In the night of 17/18.10.97 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 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.) THE provisions relating to 'medical ' are contained in Rule 24 which occurs in Chapter VI of the Rules title 'Perquisites '. The relevant parts of the Rule are as follows :