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2000 Supreme(SC) 1500

S.P.BHARUCHA, V.N.KHARE
K. P. Singh – Appellant
Versus
Union Of India – Respondent


(1) THIS writ petition by a retired Government servant impugns, to put it in general terms, the manner in which the Central Government Health Scheme (CGHS) treats ailing pensioners.

(2) THE first specific challenge is aimed at an office memorandum, dated 11th June, 1997 on the subject of simplification of the procedure for reference to recognised hospitals. The two Clauses which are assailed read thus:

"(III) In case of a medical emergency, the details of which shall be recorded in writing by the CMO in charge of the CGHS dispensary, the CMO concerned may directly (i.e., even before specialists advice has been obtained) refer the CGHS beneficiary to a private recognised hospital for further management/treatment. (iv) The expenditure to be reimbursed by the parent department/office/CGHS Directorate, as the case may be, would be restricted to the package deal rates/rates approved by the Government from time to time. The expenditure in excess of the approved rates/package deal would have to be borne by the beneficiary himself/ herself."

(3) OUR attention was drawn by the learned Counsel for the Union of India to the affidavit in reply to the writ petition an




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