UNION OF INDIA Vs. K. P. JOHNY

JUDGEMENT

(1.) This Writ Petition, under Article 226 of the Constitution of India is filed by the petitioners, wherein, the following prayer is made:

(2.) Heard the learned counsel for the petitioners, learned counsel for the respondent and perused the record.

(3.) The brief facts of the case are that the respondent/ applicant, is a Retired Railway employee and he joined the Retired Employees Liberalised Health Scheme (RELHS), which provides medical facility to retired railway employees. When the respondent/applicant appeared before the petitioner No.4- Hospital for medical check-up, he was diagnosed with lung cancer and the petitioner No.4 vide proceedings dated 21.08.2018 referred the respondent/applicant to Apollo Hospital, Jubilee Hills, Hyderabad for evaluation and management of the cancer including inpatient service. Accordingly, the respondent/ applicant got admitted in Apollo Hospital, Jubilee Hills, Hyderabad on 22.08.2018 and the said Hospital vide letter dated 27.08.2018 recommended Tomotherapy treatment to the respondent/applicant, but the petitioner No.4 did not permit the said treatment as it was not part of Memorandum of Understanding entered with the said Hospital. However, in view of precarious health condition of the respondent/applicant, the respondent/applicant took treatment in Apollo Hospital from 03.09.2018 to 17.09.2018 and incurred medical expenses of Rs.4,05,000/-. Thereafter, the respondent/applicant submitted claim before the petitioner No.4 on 01.10.2018 enclosing all the relevant documents, but the petitioner No.2 vide proceedings dated 21.12.2018 sanctioned only an amount of Rs.94,506/- instead of full amount of Rs.4,05,000/-. Aggrieved thereby, the respondent/applicant filed an appeal before the petitioner No.3 on 05.01.2019 but no action has been taken by the petitioner No.3. Therefore, the respondent/applicant filed Original Application No.21/400/2019 before the Central Administrative Tribunal, Hyderabad Bench (for short "the Tribunal"). After hearing both sides, the said O.A. was allowed by the Tribunal vide order dated 30.01.2020 and the petitioners herein were directed to pay the balance amount of Rs.3,10,494/- to the respondent/applicant, within three(3) months from the date of receipt of copy of said order. Aggrieved by the impugned order dated 30.01.2020 passed by the Tribunal, the present Writ Petition is filed.