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2004 Supreme(Del) 279

SANJAY KISHAN KAUL
PRITHVI NATH CHOPRA – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
S.S.Bakshi, TAMALI VAD

SANJAY KISHAN KAUL

( 1 ) RULE. With the consent of learned counsel for the parties, the matter is taken up for final disposal.

( 2 ) A welfare State like India is bound to provide the basic requirements of its citizens. Health care facility is an integral part of the same and the Central Government Health Scheme (CGHS) has been propounded for the benefit of the Central Government employees who should not be left without medical care after retirement.

( 3 ) THE petitioner was working as an Under Secretary in the Central Government when he took voluntary retirement on 5. 2. 1979 and is more than 80 years old. The petitioner and his wife Smt. Mohinder Chopra are covered by the CGHS scheme.

( 4 ) IN July, 2001, on certain tests being conducted, Smt. Chopra was diagnosed as suffering from breast cancer and the Medical Officer Incharge of the CGHS Dispensary, Faridabad referred her to the ordinary Surgeon in Dr. RML Hospital. It is stated that the junior attending Surgeon in the said hospital suggested 24. 9. 2001 as the date of operation instead of referring the patient to a cancer specialist and thus the petitioner again approached the Medical Officer Incharge at Faridabad and requested







































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