CWP No. 15247-CAT of 2000 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 15247-CAT of 2000 Date of Decision 22.11.2010 Ranjit Singh -----Petitioner Versus The Central Administrative Tribunal & others ----Respondents CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MS. JUSTICE RITU BAHRI Present: Mr. Manu K. Bhandari, Advocate for the petitioner. None for the respondents. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. 1. The instant petition has been preferred by an employee of Sports Authority of India and is directed against order dated 17.04.2000 (Annexure P-22 passed by the Central Administrative Tribunal holding that the applicant-petitioner was reimbursed the admissible medical expenses on account of by-pass surgery and for angiography, therefore, the original application had been dismissed as infructuous. Against aforesaid order, a review application was also filed claiming that the applicant-petitioner was entitled to full amount. However, the Tribunal has also dismissed the review application vide order dated 07.08.2000. The aforesaid order which has also been made subject matter of challenge in the instant petition. 2. Brief Facts: On 12.09.2006 the applicant-petitioner had CWP No. 15247-CAT of 2000 -2- also approached the authorized Medical Attendant, L.M. Civil Hospital, Ludhiana who certified that the petitioner was suffering from IHD, ante wall infarctions, Post MI angina etc. and recommended that he required a specialist to be consulted as he was not in a position to discharge/ investigate/ treat the petitioner. Accordingly, he recommended specialist treatment at Escorts Hospital, Delhi on 12.09.1996 (Annexure P-1). The applicant- petitioner submitted his bill to the Sport Authority of India on 03.12.1996 amounting to Rs. 1,80,597.95 (Annexure P-4). The aforesaid bill is duly certified by the Medical Coordinator, Escorts Heart Institute and Research Centre, New Delhi. However, the respondents reimbursed only a sum of Rs. 1,09,663/-. 3. The basic reason for sanctioning to his amount of medical reimbursement as per learned counsel for the petitioner, is that the expenses incurred on medical treatment prior to undergoing by-pass surgery have not been reimbursed despite the facts that those expenses are shown in the bill. The aforesaid expenses have been specifically shown by representing the total amount of Rs. 1,60,0000/- for CABG and TMR treatment. The other expenses have been incurred on Angiography to the tune of Rs. 14,000/-; CCC (Comprehensive Cardiac Check up) for Rs. 4200/- and Rs. 2397.95 for medicine. The Tribunal has accepted the payment of Rs. 1,09663 as sufficient. According to the Tribunal, attendant charges are to be borne by the petitioner himself which were not part of the claim as per the bill prescribed. CWP No. 15247-CAT of 2000 -3- 4. Having heard learned counsel for the petitioner, we are of the considered view that once the laser treatment which is known as TMR, is part of the surgery and has actually been undergone by him then there is no reason to exclude those expenses merely because in Government Hospital such a treatment is not available and there is no need to undergo the same. It is not disputed that the petitioner has incurred the aforesaid expenses and has also undergone the treatment. There is no valid reason to deny him those expenses especially when the Medical Attendant of the L.M. Civil Hospital, Ludhiana, who attended him on 12.09.1996 had recommended that he should go to the Escort Hospital, Delhi (Annexure P-1). Therefore, we are of the considered view that whole bill as presented by him on 16.07.1996 (Annexure P-4) deserves to be reimbursed. 5. None has appeared to oppose the prayer made by the petitioner. 6. As a sequel to the above discussion, this petition succeeds. The order of the Tribunal is modified and the amount of Rs. 70,000/- which remains to be paid, shall be paid to the petitioner expeditiously preferably within a period of three months. (M.M. KUMAR) JUDGE (RITU BAHRI) JUDGE November 22, 2010 Atul