HANS RAJ SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Shri Hans Raj Sharma, who retired as Naib Subedar Nursing Assistant from Army Medical Corps is before this Court for the reason that the Institution, which he served, has refused to reimburse amount of the medical expenses, which he incurred for his eye treatment.

(2.) Petitioner is a member of Ex-Servicemen Contributory Health Scheme ('ECHS') holding Card No. JM000126. In terms of the Information Brochure, an Ex-Servicemen, who suffers from any ailment is to be treated in an empanelled hospital/polyclinic under the 'ECHS' scheme. In case of emergency the patient can be treated in a non-empanelled hospital and in terms of Chapter 7, paragraph 12(b) of the Information Brochure, the nearest empanelled polyclinic is to be informed within 48 hours of such admission in a non-empanelled hospital.

(3.) It is claimed in the Writ Petition that petitioner suffered sudden loss of vision in his left eye. Dr. Ashok Sharma, Ophthalmologist, who was posted as Lecturer in Government Medical College, Jammu, on 7th August, 2005, examined the petitioner and gave his opinion as 'Retina Detached' and it was advised that in the face of serious ailment the petitioner would immediately require to be surgically operated upon. The said doctor exhibited grave concern for him as it was a case of emergency and accordingly advised the petitioner to seek medical assistance from a hospital outside the State or anywhere in the State, because such facility was not available in Government Medical College, Jammu. The petitioner, a member of 'ECHS', visited Command Hospital, Udhampur, where he was admitted as in- patient on 8th August, 2005. The doctors there, however, did not agree with the opinion of Dr. Ashok Sharma and treated the disease of the petitioner by taking it as a case of hemorrhage and damage to the nerve affecting vision. It is also pleaded in the Writ Petition that the petitioner pleaded with the doctors of Command Hospital, Udhampur that it was a case of 'Retina Detached' and total loss of vision. Since the delay in providing the appropriate treatment would have been fatal for the petitioner, the younger brother of the petitioner contacted Lt. Col Shyam Sunder of Command Hospital and told him that it was a case of 'Ratina Detached'. Request was further made that if the petitioner could not be surgically operated upon in the Command Hospital, he should be referred to the nearest hospital where the treatment is available so as to avoid further damage. It is pleaded that Lt. Col Shyma Sunder referred the petitioner to Dr. S.P.Sharma of Rotary Eye Hospital, Udhampur and the said doctor on 16th August, 2005 agreed with the opinion of Dr. Ashok Sharma and warned the petitioner that there should be no further delay in treating the disease. It is also pleaded that the delay in getting the treatment had potential of turning the petitioner blind for the rest of his life. It is also pleaded that the petitioner was referred to AHR & R Hospital Delhi after Dr. S.P.Sharma agreed with the initial diagnostic opinion of Dr. Ashok Sharma. It is also pleaded that petitioner was discharged on 18th August, 2005 from the Command Hospital, Udhampur and was referred to AHR & R Hospital Delhi. It is also claimed in the parapraph-6 of the Writ Petition that the Dy. Commandant concerned also suggested that the petitioner being a case of emergency can be treated in any other Eye Center without reference. The petitioner on same day traveled by train to Amritsar. It is also pleaded that since the petitioner was put on heavy dose of steroids, his blood sugar level had shot up, which delayed surgery till 22nd August, 2005. The petitioner was ultimately surgically operated upon in S.B. Dr. Sohan Singh Eye Hospital, Amritsar as shifting the patient to Delhi would have caused further delay in his treatment which would have resulted in colossal and irreversible damage to him.