2024 Supreme(Online)(CAT) 478
CENTRAL ADMINISTRATIVE TRIBUNAL
Reaz Ahmad Faruqui – Appellant
Versus
North Eastern Railway – Respondent
O.A./152/2022
ORDER
Present Original Application has been filed by the applicant under Section 19 of the Administrative Tribunal Act seeking the following reliefs:
“i. To issue an order or direction in the suitable nature directing the respondents to allowing reimbursement the full medical claim of applicant as per Rule and pay the same within stipulated period of time. ii. To issue any order or direction, which this Hon’ble Tribunal may deem fit and proper in the facts and circumstances of the case. iii. To award the cost of the application to the applicant.” 2. Brief facts of the case are that the applicant is a retired government employee of the Railway Department, who was working on the post of Chief Inspector of Tickets in Izzat Nagar Division North Eastern Railway Gorakhpur. The applicant hasundergone two bypass surgeries on 07.05.2003 and 08.05.2016being a cardiac patient. Again on 04.09.2019, the applicant fell seriously ill and in an emergency condition he was referred to Regency Hospital at Kanpur by the local physician where heremained under treatment till 08.04.2019. The total medical bill amounted to Rs.1,12,225/- which was paid by the family of the applicant to the Hospital. After recovery, the applicant collected all the medical documents and expenditure bills and submitted them before the Chief Medical Superintendent in the prescribedformat on 03.08.2019 through registered post. After submitting the aforesaid medical claim the applicant received an objection videletter dated 09.08.2019 by which some clarification was sought from the applicant in respect of his medical claim. In response to this, the applicant submitted his clarification vide reply dated27.08.2019 alongwith documentary support removing the defects. On receiving no response from the respondents, the applicantsubmitted a representation dated 22.01.2020 requesting therein to release his medical claim after removing the objection.
Subsequently, the respondents issued another letter dated29.01.2020 reiterating the previous objection and seekingclarification. After this, on 04.02.2020, the applicant submitted an application with documentary support establishing therein that his medical claim has been approved by the doctor concerned and further requesting to release his full claim as per relevant scheme.
The respondents again raised certain objections vide letter dated02.02.2020 demanding the emergency certificate, medical card, PAN card, Aadhar Card etc in reply to which the applicant provided all the required documents. Objections were raised onceagain by the respondents vide letter dated 08.06.2020 demanding some documents already furnished by the applicant which the applicant submitted one more time. Thereafter, having no fruitful response, the applicant submitted a detailed representation dated03.07.2020 with the prayer to release his medical reimbursement claim.
3. The applicant then submitted his grievances before the GeneralManager Vigilance at Gorakhpur on 28.09.2020 seeking his intervention in the matter and finalize his claim. In the meantime, the respondents paid an amount of Rs.1,506/- out of the entiremedical claim of Rs.1,12,225/- at the C.G.H.S. rates to which the applicant raised his objection vide representation dated01.12.2020. On receiving no response from the respondents, the applicant sought information under RTI Act about disbursement of full and final medical claim from the office of respondents in reply to which the respondents furnished the relevant information on26.02.2021 stating therein that the claim of the applicant has already been forwarded in the concerned office for disbursement of entire claim which has been setup by the applicant with further information that the concerned department has been instructed not to repeat such type of negligence. Even after that, when the respondents/ concerned department did not disburse the requisite medical claim of the applicant, he again sought further information from the authorities concerne