THE HON'BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE G. BHAVANI PRASAD WRIT PETITION No.4892 of 2010 ORDER: (Per GMJ) This writ petition is filed questioning the order dated 02.11.2009 allowing O.A.No.493 of 2009 filed by the first respondent herein on the file of the Central Administrative Tribunal, Hyderabad (for short ‘the Tribunal’). The case of the first respondent is that while he was working as SSS(T) and Incharge, Telecom Customers Service Centre, Pulivendula, under the control the first petitioner herein, he was issued Identity Card No.0526 dated 01.02.2006 for the purpose of BSNL Employees Medical Reimbursement Scheme. His daughter is a beneficiary under the said scheme. While so, he submitted representation dated 30.06.2005 to the first petitioner herein seeking permission to go to a Super Specialty Hospital at Hyderabad for expert opinion and managements for treatment of his daughter, who was suffering from severe stomach pain with Poly Cystic Overian disease and multiple stones size 3mm in Gall Bladder as advised by Dr. L.B.Nageswararao, Medical Superintendent, Government Area Hospital, Pulivendula, enclosing the KUB Opelvic Ultra Sound report dated 26.06.2005 issued by Dr. E.C. Gangireddy, M.C., Dinesh Nursing Home, Pulivendula, in respect of his daughter. But, no action has been taken by the first petitioner. In view of emergency nature of the case, he took his daughter to Care Hospital, Banjara Hills, Hyderabad, and got her admitted on 04.07.2005 as an inpatient. After undergoing investigations and surgery for Laparoscopic Cholecystectomy, Adhenolysis and Diagnostic Laparoscopy, she was discharged on 08.07.2005. Thereafter, the first respondent submitted bill for Rs.26,323/- to the first petitioner. Since the said bill was returned, the first respondent submitted representations dated 13.01.2006, 17.02.2007 and 07.02.2008 seeking encashment of medical bill, in vain. However, through order dated 28.04.2008, the first petitioner declined to pay the medical bill amount. Therefore, he filed the O.A. against order dated 28.04.2008 rejecting payment of his medical bill dated 08.09.2005 and subsequent representations dated 13.01.2006, 17.02.2007 and 07.02.2008. The case of the petitioners is that medical reimbursement scheme (MRS) was extended to all serving employees of BSNL with effect from 24.02.2003 and that the first respondent was issued identity card only on 21.02.2006 i.e., after obtaining treatment of his daughter at Care Hospital, Hyderabad and that the first respondent had not opted for MRS at the time of treatment. The first respondent’s daughter was admitted in Care Hospital after lapse of eight days from the date of issuance of medical certificate dated 26.06.2005, which shows that there is no emergency. The first respondent did not submit medical bills on 08.09.2005 i.e., the date of discharge but after lapse of one and a half year i.e., on 02.03.2007, vide letter dated 17.02.2007 and therefore, his medical bill could not be processed without original bills and consequently by order dated 28.04.2008, the first petitioner declined to pay the medical bill amount on the plea that there was no prior intimation of the treatment, that MRS card and permission letter were not given to the hospital where the patient undergone treatment and that there was no prior approval from the competent authority. The Tribunal, considering the facts and circumstances of the case, allowed the O.A. directing the first petitioner to make payment of medical claim of the first respondent by 14.12.2009 and it is relevant to extract para No.14 of the impugned order, which reads as under: “The documents on record clearly show that the applicant had taken steps to seek permission for the treatment of his above referred daughter in a super specialty hospital at Hyderabad on the basis of the medical certificate issued by the Medical Superintendent, Area Hospital, Pulivendula, Cuddapah. Care Hospital, Hyderabad is empanelled under the CGHS scheme for general and specialized purpose and diagnostic services. The applicant’s daughter was admitted in emergency situation for treatment of Cholelithiasis, Adhesions and Polycystic Overian disease. The applicant has to be governed either by CGHS medical reimbursement rules or, by BSNL Employees Medical Reimbursement Scheme. In either case, he is entitled to the treatment of his daughter in emergency situation in Care Hospital, Hyderabad.” A perusal of the record shows that the office order of BSNL dated 22.04.2003 clearly states that all serving and retired employees of BSNL will be required to exercise their option for either CGHS or BSNL MRS by filling up the prescribed proforma and as observed by the Tribunal, the Care Hospital, Hyderabad is empanelled under the CGHS scheme for general and specialized purpose and diagnostic services. In that view of the matter and in view of the facts and circumstances of the case, we are of the opinion that the Tribunal dealt with the matter in a correct perspective and therefore, the impugned order does not warrant any interference by this Court. However, this Court makes it clear that this order shall not be treated as a precedent. Accordingly, the Writ Petition is dismissed. No costs. _______________________ GHULAM MOHAMMED, J ____________________ G. BHAVANI PRASAD, J 04th March, 2010 GHN