Neutral Citation Number: 2023:DHC:3138-DB

W.P.(C) 10684/2022 Page 1 of 9

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment reserved on: 20.04.2023

Judgment delivered on:10.05.2023

+

W.P.(C) 10684/2022 & CM APPL. 31035/2022

UNION OF INDIA & ANR.

..... Petitioners

Through: Mr. Syed Abdul Haseeb, Senior

Panel Counsel for UOI.

versus

SHRI. JOGINDER SINGH

..... Respondent

Through: Mr. Padma Kumar S and Ms.

Thithiksha Padmam,

Advocates.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

J U D G M E N T

ANOOP KUMAR MENDIRATTA, J.

1.

The challenge in this petition is to an order dated September 03, 2021

passed by the Central Administrative Tribunal (hereinafter referred to as the

„Tribunal‟) in O.A. No.4664/2018 whereby the petitioners were directed to

reimburse the respondent, the balance amount against his claim for the

expenditure of Rs.2,60,000/- incurred by him on medical treatment at

Rancan Gamma Knife Centre-VIMHANS Hospital, Nehru Nagar, Delhi

after adjusting the amount of Rs.31,556/- already paid to the respondent.

2.

In brief, as per the facts noticed in O.A. No.4664/2018, the respondent

retired as Senior Carpenter on March 30, 2016 and is a pensioner availing

Digitally Signed

By:DINESH CHANDRA

Signing Date:10.05.2023

16:07:19

Signature Not Verified

Neutral Citation Number: 2023:DHC:3138-DB

W.P.(C) 10684/2022 Page 2 of 9

the CGHS facility. On November 03, 2017, respondent fell unconscious and

was taken to Mata Chanan Devi Hospital, Janak Puri, Delhi wherein he was

examined in the Neurology Department and advised further treatment at

Rancan Gamma Knife Centre-VIMHANS Hospital, Nehru Nagar, Delhi

specializing in Neurosurgery cases. The wife of the respondent accordingly

took him in emergency to VIMHANS Hospital wherein respondent

underwent a surgery on November 04, 2017 and was discharged on

November 05, 2017.

3.

Respondent thereafter submitted the medical bills amounting to

Rs.2,60,000/- as raised by VIMHANS, for reimbursement on November 14,

2017 along with the emergency certificate at CGHS Dispensary, Rajouri

Garden. However, respondent was reimbursed only an amount of

Rs.31,556/- against the claim for Rs.2,60,000/-.

4.

Aggrieved by the rejection of his claim, vide letter dated October 16,

2018, respondent preferred O.A. No.4664/2018 before the Tribunal.

5.

The claim of the respondent was opposed by the petitioners herein and

it was submitted before the Tribunal that emergency certificate was not

submitted by the respondent from Mata Chanan Devi Hospital, wherein he

took the treatment on November 03, 2017. The case of the respondent was

also examined by the Standing Technical Committee on October 10, 2018

which did not find justification in the treatment availed by respondent, as it

was not a case of medical emergency and the treatment is stated to be

available in several Government hospitals at lower price.

6.

Considering the records of treatment at VIMHANS, the Tribunal

Digitally Signed

By:DINESH CHANDRA

Signing Date:10.05.2023

16:07:19

Signature Not Verified

Neutral Citation Number: 2023:DHC:3138-DB

W.P.(C) 10684/2022 Page 3 of 9

observed that there is no reason to refute the emergency as indicated in the

certificate issued by VIMHANS and the fact that the respondent was

operated on November 04, 2017 makes it clear that this was a medical

emergency. Further, relying upon the judgments passed by Hon‟ble Supreme

Court in Shiva Kant Jha Vs. Union of India, (2018) 16 SCC 187 and

Basant Dabas Vs. Government of India & Others, W.P. (C) No.9849/2015

decided on July 31, 2019 by High Court of Delhi, the O.A. preferred on

behalf of the respo