Entitlement to benefits under the CGHS scheme is determined by the status of a retired employee, not the possession of a CGHS card.

BADAR DURREZ AHMED, J, J.

( 1 ) IN this petition, the petitioner No. 1 is the mother of the petitioner no. 2. The petitioner No. 1 is a retired Government servant. The petitioner No. 2 is currently a Government servant and is serving as a senior officer in the indian Police Service. The question involved in the present petition is with regard to the reimbursement of medical expenditure incurred on account of the medical treatment provided to the petitioner No. 1.

( 2 ) THE petitioner No. 1 underwent surgical intervention at the Nephrology department of Batra Hospital during 25. 5. 2005 to 18. 8. 2005. At that point of time, the petitioner No. 1 was a retired public servant having been an employee of the Central Government till 31. 10. 1985. The petitioner No. 1 did not have a cghs card in her own name but her name was included in petitioner No. 2's card as a dependent.

( 3 ) THE petitioner No. 2 submitted the claim for the medical treatment provided to the petitioner No. 1 as indicated above. The claim was allowed in part. The total amount allegedly spent on the treatment was Rs. 14,22,820/- but only a sum of Rs. 10,06,666/- was reimbursed to the petitioner No. 2. Subsequently, some objections were raised on account of the petitioner No. 1 being a pensioner and receiving the benefits in excess of Rs. 1500/- per month and yet being shown as a dependent. It was objected that she was not entitled to reimbursement as a dependent of her son (petitioner No. 2 ). As a result of this objection, the petitioner No. 2 returned the entire amount i. e. , Rs 10,06,666/- to the respondent without prejudice to the claim of the petitioners. Thereafter, the petitioner No. 1, on 20. 03. 2006, was issued a CGHS Card bearing no. 86433 in her own name. Having got the CGHS Card, the petitioner No. 1 applied for reimbursement of the entire amount of Rs. 14,22,820/ -. That application was rejected by a letter dated 26. 06. 2006 issued by the CMO, CGHS on the ground that the treatment period was 25. 5. 2005 to 18. 8. 2005 whereas the CGHS token card was issued much later on 20. 03. 2006 i. e. , after the treatment. Accordingly, the medical reimbursement claim was held to be not reimbursable as per the CGHS Rules.

( 4 ) BEING aggrieved by this rejection, the present petition has been filed. The prayers in the present petition so much as are relevant are as under:- "a. Issue a Writ of Mandamus and/or an appropriate Writ, order or direction in the nature of Mandamus, directing the Respondents to reimburse petitioner No. 2, the expense incurred by him for the medical treatment of petitioner No. 1, under the CGHS card bearing no. 562928 issued in the name of petitioner No. 2, within such time as may be fixed by this Hon'ble Court; b. Strictly in the alternative in the unlikely event that prayer (a) is not granted in favour of the petitioner then, Issue a Writ of Certiorari and/or an appropriate Writ, order or direction in the nature of Certiorari quashing the letter dated 22nd June 2006 (Annexure I) issued by respondent No. 3 refusing to refund the expenses incurred for the treatment of petitioner No. 1; and Issue a writ of Mandamus and/or an appropriate writ, order or direction in the nature of mandamus, directing the Respondents to reimburse to petitioner No. 1, the expenses incurred for her medical treatment, under the CGHS card bearing No. 86433 issued in the name of petitioner No. 1, within such time as may be fixed by this Hon'ble Court;

c. Declare that, that part of Clause 12 of CGHS Guidelines which requires a Government Servant to give a certificate that the income of the parent, who is mainly dependent on him and residing with him, does not exceed Rs. 1,500/- per month; and is inconsistent with and seeks to limit the benefit given by Clause 1 of the said Guidelines is violative of Article 21 of the Constitution of India and therefore unconstitutional; d. Writ of Certiorari and/or an appropriate Writ, order or direction in the nature of Certiorar