( 1 ) THIS petition has been filed for issuance of a writ of mandamus to the respondents for immediate release of the medical claim of the petitioner. The petitioner was working as an Inspector Central Excise and Customs at Karnal under Commissioner of Central Excise, I. P. Estate, New Delhi, respondent no. 2 herein. who is overall Incharge in running the administration of the Department. Respondent no. 3 is the incharge of Central Government s Health Scheme and is responsible to look into the health care facilities for Central Government employees. The petitioner retired from the Department while posted at Karnal under Superintendent Central Excise, Karnal and Assistant Commissioner, Ambala on 31st May, 1986 after putting in about 41 years of dedicated service. He fell seriously ill and contacted the doctor on 27th October, 1996 at Civil Hospital, Karnal which was the required procedure and practice for working and retired Central Government Employees. He was REFERRED TO to Escorts Heart Institute and Research Centre at New Delhi by the competent and authorised Principal Medical Officer of the Civil Hospital Karnal as the Escorts Heart Institute is recognised for coronary by-pass surgery by the Ministry of Health and Family Welfare as the petitioner was entitled to health care facilities as provided by the Central Government. There is no C. G. H. S. Hospital or dispensary at Karnal from where the retired Central Government employees could get their treatment. Therefore, the treatment was being obtained from Civil Hospital in that town as it was also recognised in the case of serving employees of the Central Government. The petitioner always availed of the medical facilities as provided by Civil Hospital, Karnal whenever the need arose.

( 2 ) THE petitioner was REFERRED TO Escorts Heart Institute and Research Centre, New Delhi vide communication dated 1st January, 1997 by the Director General Health Services, Haryana, Chandigarh. This letter is filed as Annexure- a to the writ petition and reads as follows:-

"no. 20/21-4pm-97/74 Dated: Chandigarh the 1/1/97. From The Director General Health Services, Haryana, Chandigarh. To The Principal Medical Officer, General Hospital, Karnal. Subject: approval for specialised treatment from Karnal to Escort Hospital, New Delhi. Reference your letter No. 5766 dated 7/11/96 on the subject noted above. Approval is hereby accorded for the referring of Sh. B. R. Mehra, Retd. Central Excise, Karnal who is suffering from CAD to the Medical Specialist at the Escort Hospital, New Delhi for consultation and treatment. Approval is also accorded for undertaking journey in this connection by Sh. B. R. Mehta from Karnal to Escort Hospital, New Delhi and back. The approval should be availed of the patient concerned within the period of one month from the date of communication. The re-imbursement of medical charge will be made in accordance with the instruction issued vide letter No. 2/10/90-IHB-lll dated 30-11-93. 5. The patient should get complete treatment as far as possible at the referral Institute to avoid repeated journey to his place which results in considerable expenditure to the Govt. sd/- deputy Director (Nut), for: Director General Health Services, Haryana. OFFICE OF THE PRINCIPAL MEDICAL OFFICER, GENERAL HOSPITAL, KARNAL No. Steno-95/475 Dated:karnal,the 16-1-97. . Copy forwarded to Sh. B. R. Mehta H. No-530-R Model Town, Karnal for necessary action. The. official concerned may please be informed accordingly. sd/- 16/1/97. Principal Medical Officer, general Hospital, Karnal"

( 3 ) THE petitioner underwent by-pass surgery on 11th November, 1996 after preliminary tests were conducted and he remained in Escorts Heart Institute and Research Centre as an indoor patient during the period of his treatment. He incurred the medical expenses to the tune of Rs. l,78,850. 00 which he is claiming in the present writ petition. The bill was submitted to Assistant Commissioner, Central Excise,