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2005 Supreme(Del) 938

S.RAVINDRA BHAT
V. K. Jagdhari – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Mr. Arun Monga, Advocate for the Petitioner.
Mr. Rajiv Shakdhar, Advocate for the Respondents.

S. Ravindra Bhat, J.

1. The petitioner is seeking issuance of a writ to the respondents to reimburse the medical expenditure incurred by him. The respondents have denied their liability.

2. The petitioner, a former member of the Indian Revenue Service (IRS) superannuated from the service of the first respondent on 31.10.1995. At the time of his retirement, the Government of India had introduced, w.e.f. 1.4.1984 the Central Government Health Scheme (CGHS) for medical treatment of its employees and former employees who opted under the scheme. In terms of Rule 9 of that scheme pensioners could opt for making for one time payment towards CGHS contribution equal to 10 times the annual contribution which entitled them to issuance of a permanent CGHS card.

3. The petitioner had settled down at Neemuch in Madhya Pradesh. It is averred that no CGHS facility was available at that time nor is available even today, in that place. It is averred that the petitioner had applied for a CGHS card mentioning his Neemuch address but was asked to give a Delhi address. He furnished his daughter's New Delhi address. The application for the card was made on 26.4.1999 and he paid Rs. 18,000/- for the purpose.



















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