The main legal point established in the judgment is that government employees are entitled to full reimbursement of medical expenses incurred for the treatment of themselves or their dependents, and any impediments that defeat constitutional rights must be avoided.

JUDGMENT :

Chandra Dhari Singh, J.

1. The instant writ petition has been filed by the Petitioner under Article 226 of the Constitution of India seeking reimbursement of the medical expenses incurred by the Petitioner for the treatment of his son in accordance with the relevant rules applicable to the Petitioner inter alia the following reliefs :

“(a) To issue a writ of mandamus or any other appropriate writ, direction or order in the nature of mandamus directing the Respondents to fully reimburse the Petitioner to the extent of bills raised by Sir Ganga Ram Hospital and Rajiv Gandhi Cancer Institute and Research Centre in which his son had received treatment and not to effect recovery of Rs. 51,824/- being the amount sought to be deducted by the Respondents from the claim submitted by the Petitioner alongwith supporting bills;

(c) To pass an interim order directing the Office of the District & Sessions Judge, Delhi to re-pay the amount of Rs. 8,000 arbitrarily and illegally deducted from the salary of applicant for the month of February 2006;”

FACTUAL MATRIX

2. The Petitioner was employed in the Tis Hazari Courts, Delhi as a Reader in the Court of the Metropolitan Magistrate. The Petitioner being a government employee was covered by the Central Government (Medical Attendance) Rules, 1944 and the orders passed there under from time to time. In June 2003, the fifteen year old son of the Petitioner, Master Roshan Verma, felt severe pain in his head and was immediately taken to Sir Ganga Ram Hospital. On 11th June 2003, he was admitted in the emergency ward and was diagnosed as suffering from Madulloblastoma (Postop). On 12th June 2003, he was operated upon and thereafter, again on 20th June 2003, another major operation was performed on him. For the said treatment, the doctor-in-charge of hospital gave an estimate of Rs. 80,000/- for medical expenditure.

3. The said estimate was submitted by the Petitioner in the Office of the District & Sessions Judge, Tis Hazari Courts, Delhi and accordingly, 90% of the estimate amount was sanctioned for grant as medical advance. On 3rd July 2003, the Petitioner's son was discharged from Sir Ganga Ram Hospital and he submitted a final bill of Sir Ganga Ram Hospital for an amount of Rs. 1,03,122/-. However, the Petitioner was only reimbursed an amount of Rs. 89,226/- out of the total claim submitted by the Petitioner.

4. After being discharged from Sir Ganga Ram Hospital, son of the Petitioner was referred to Rajiv Gandhi Cancer Institute and Research Centre for further treatment like radiation and chemotherapy which is a Director General of Health Services (hereinafter referred to as the ‘DGHS’) recognized Hospital. The son of the Petitioner received the treatment from Rajiv Gandhi Cancer Institute for a period of one and a half years and in this period; four estimates were given by the doctors at Rajiv Gandhi Cancer Institute. The description of the estimates is as hereunder :

5. Against the first three estimates totalling to Rs. 2,60,000/-, an amount of Rs. 2,34,000/- was sanctioned whereas, the actual expenditure against these three estimates was Rs. 2,28,429/-, which left a credit of Rs. 5,571/- to be adjusted in the medical sanction against the last estimate of Rs. 1,00,000/-. However, the medical advance granted against the last estimate was of Rs. 90,000/- while the actual expenditure incurred against the last estimate was of Rs. 1,02,587/- again leaving the Petitioner in the deficit of Rs. 7,016/-.

6. The Petitioner was not fully reimbursed against the medical expenditure of his son’s ailment and further, the Petitioner was issued a letter dated 6th August, 2004 from Drawing & Disbursing Officer, Officers of District and Sessions Judge, Delhi, Respondent No. 3 herein