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2022 Supreme(Pat) 639

IN THE HIGH COURT OF JUDICATURE AT PATNA
P. B. BAJANTHRI and PURNENDU SINGH, JJ.
CWJC No.16440 of 2018
(3.11.2022)
Sarwat Jahan Fatema ... Petitioner
vs.
Union of India & Ors. ... Respondents

Advocates:
For the Petitioner: M/s Shashi Shekhar Tiwari, Kanhaiya Pandey.
For U.O.I. : Mr. Sujeet Kumar Sinha.

Headnote:

Service Law – Medical Reimbursement – Non-settlement of medical bills – Petitioner is wife of deceased employee – Official respondents cannot insist for production of documents after lapse of eight years, when petitioner has already furnished hospital bills, death summary, discharge certificate and other material information in year 2014 and fact that official respondents had slept over the matter and they cannot insist for production of documents in year 2022 – Whatever correspondences made by Doordarshan department and CGHS would not come in way of settling petitioner's actual medical bills and its amount shall be released by Doordarshan department minus whatever amount paid to petitioner during pendency of litigation – Order of Tribunal set aside. (Paras 3, 9 and 10)

P. B. Bajanthri, J.—Heard learned counsels for the parties.

2. Respondents have filed I.A. No. 02 of 2022 to recall the order dated 13.10.2022 in so far as depositing Rs. One Lakh subject to outcome of the L.P.A., but the same has not been deposited for the reasons that order dated 13.10.2022 was not uploaded within one week. Therefore, I.A. No. 02 of 2022 application is filed for recalling the order dated 13.10.2022. Along with the I.A., certain documents have been furnished relating to correspondences with the CGHS authorities. Annexure-R-5 of I.A. No. 02 of 2022 dated 12.10.2022 reads as under:—

"OFFICE MEMORANDUM

Subject:—Full reimbursement of medical claim in respect of treatment of Late Shri Naseem Ahmad, Ex-SEA, DDK Patna- regarding.

The undersigned is directed to refer to Directorate General of Doordarshan's communication No. 3/7/2016-S-IV-2757 dated 14.09.2022 on the above mentioned subject and to say that the case for full reimbursement of Medical Claim in respect of treatment of Late Shri Naseem Ahmad will be considered by the High Powered Committee meeting scheduled to be held on 17 October, 2022 at 03:30 PM in terms of this Ministry's OM dated 22.05.2018.

2. Moreover, the Directorate General of Doordarshan is requested to specify what surgical procedure was done and as also provide the following documents which are crucial for coming to a conclusion in the meeting:—

(i) Investigating Reports with image

(ii) Hospital Bills

(iii) Death Summary

(iv) Discharge Certificate

(v) Daily case sheet

3. This issues with the approval of the Competent Authority"

3. Learned counsel for the respondents submitted that petitioner had submitted hospital bills, death summary, discharge summary and daily case sheet. However, the petitioner has not submitted investigation report with image. On the other hand, CGHS authorities in paragraph-2 of the aforesaid order dated 12.10.2022 requested for five documents. Except first document no.1, investigation report with image, is not available with the respondent-Doordarshan and so also the petitioner has not provided. The official respondents cannot insist for production of documents after lapse of eight years, when the petitioner has already furnished hospital bills, death summary, discharge certificate and other material information in the year 2014 and the fact that the official respondents had slept over the matter and they cannot insist for production of documents in the year 2022. Therefore, I.A. No. 2 of 2022 stands rejected in so far as the recalling of order dated 13.10.2022 without waiting for uploading for the present order. The concerned authority- Doordarshan department are hereby directed to pay Rs. One lakh in terms of the order dated 13.10.2022 within two weeks.

4. At this stage, learned counsel for the respondent insisted for disposal of the main matter, itself. Hence main matter is taken up for disposal.

5. In the instant petition, petitioner (wife of the deceased employee- Nasim Ahmed) has assailed the order of the Tribunal dated 18.01.2018/19.01.2018 passed in O.A. No. 050/00077/2016.

6. Question for consideration in the present petition is whether deceased employee- Nasim Ahmed, who was an office staff of Doordarshan Kendra, Patna was hospitalized during the period from 20.02.2014 to 06.03.2014 (the date on which he died). Petitioner (wife of the deceased employee) submitted application along with the documents for the purposes of medical reimbursement to the extent of a sum of Rs. 6,02,786/- whereas the respondents have paid only as sum of Rs. 2,30,742/-.

7. Feeling aggrieved by the action of the respondents, petitioner invoked remedy under Section 19 of the Administrative Tribunal Act, 1985 before the Central Administrative Tribunal, Patna Bench, Patna in filing Original Application No. 050/00077/2016 and it was decided against the petitioner on 18.01.2018/19.01.2018, hence the present petition.

8. This court on 28.01.2020 passed following orders:—

“Heard learned counsel for the petition

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