FAROOQ HASAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition has been filed by the late Shri Farooq Husan, retired Judge of this Court. He has prayed for a direction to the respondents to reimburse the amount of expenses incurred by the petitioner on account of the surgery which he underwent at the Escorts Heart Institute and Research Centre, New Delhi (hereinafter shall be referred to as "the Escorts Hospital") where he was admitted on 5. 7. 1996 for this purpose and was discharged after surgery on 8. 8. 1996 after the treatment. The certificate to that effect has been filed as Annexure 10 issued by the Escort Hospital.

(2.) THE petitioner being a retired Judge of this Court was a member of the Central Government Health Scheme (hereinafter shall be referred to as `the C. G. H. S. ') applicable to the retired Judges.

(3.) THE case of the petitioner is that since there was no time to get the amount sanctioned by way of advance from the C. G. H. S. , the petitioner directly approached the Escorts Hospital and was asked to deposit the amount of Rs. 2,00,000/- and only after depositing the amount he was admitted to the Hospital on 5. 7. 1996 where he eventually underwent the required surgery on 15. 7. 1996 and remained hospitalized till he was discharged on 8. 8. 1996. A certificate to that effect was issued by the Escorts Hospital on 3. 10. 1996 which has been filed as Annexure 10. THE case of the petitioner is that in the first instance, the bills for reimbursement were submitted to the office of the respondent No. 2, as mentioned in para 11 of the writ petition, in the month of September' 1996 but certain objections were pointed out and ultimately the required formalities were completed and an application was filed on 15. 01. 1997 which has been submitted as Annexure 12 to the writ petition. It is submitted that in spite of the above bills having been submitted for reimbursement, along with the bill of Escorts Hospital dated 8. 8. 1996 and the receipts of the payment amounting to Rs. 2,00,000/-, the petitioner has not received the reimbursement of the aforesaid amount. Consequently, the petitioner was constrained to file this writ petition for reimbursement of the amount which has been paid by the petitioner for the medical treatment to the Escort Heart Institute and Research Centre, New Delhi.