MOHNI KAPUR Vs. UNION OF INDIA

JUDGEMENT

(1.) ?Mr. Prahlad Singh, for the petitioner ?Mr. R.D. Rastogi, Addl. Solicitor General for UOI with Mr. C.S. Sinha, for the respondents Sanjeev Prakash Sharma, J.'This case has been pending before this Court since 2008 and relates to claim of reimbursement of surgery conducted of one retired Judge of this Court who is suffering from Parkinsonis disease.

(2.) The petitioner has stated that as per the advise received from SMS Hospital, Jaipur she was to undergo Deep Brain Stimulation (DBS) implant with Battery which was the facility available only at four places namely; Delhi, Mumbai, Hyderabad and Chennai and she had chosen to get herself treated at Jaslok Hospital, Mumbai where it was stated to be best facility in the said field. It was also on account of the fact that the case of the petitioner was of a sensitive nature as she already had one Pace Maker fitted in her heart. The treating doctor of the petitioner was on the approved panel of C.G.H.S. earlier and Jaslok Hospital where she had undergone the treatment was also earlier on the panel of C.G.H.S.

(3.) The respondents have denied the full reimbursement of the treatment of the petitioner on the ground that Jaslok hospital has not been granted recognition under C.G.H.S and they had informed the petitioner in this regard vide their letter dated 12.6.2008 and had refused to grant sanction of the treatment. In reply, the respondents have also stated that treatment at All India Institute of Medical Sciences, New Delhi was available, to which the petitioner has not opted for. The respondents have, therefore, as per OM dated 23.6.2006 only released amount for the DBS implant of Rs. 3,60,000/- and travelling expenses of patient, attendant, MRI charges have also been allowed. The respondents have further stated that according to letter dated 12.6.2008. The petitioner is entitled to reimbursement as per the ceiling rates laid down therein.