Delhi High Court expresses dismay after plea to reimburse ₹52K for medical treatment of minor pending for over 16 years

The Delhi High Court on Monday expressed its dismay over the fact that a father’s plea seeking compensation of barely ₹51,824 for treatment of his child suffering from brain tumour was pending for over 16 years and was being vehemently opposed by the Delhi government [Mahendra Kumar Verma v Govt of NCT of Delhi & Ors]..Single-judge Justice Chandra Dhari Singh said that Central Services (Medical Attendance) Rules, 1944 are not merely the rules relating to medical attendance, but a beneficiary piece of legislation to facilitate good and sound health for all the government employees and their families.These are the cherished Constitutional rights for which the court has always stood as a custodian, the bench observed."This Court expresses its deep dismay that as to how a petition seeking reimbursement for only ₹51, 824/- has been pending since 16 years, and is being vehemently contested by the GNCTD,” the Court said..Justice Singh was dealing with a petition filed in the year 2006 by a man named Mahendra Kumar Verma who served as a reader in the court of Metropolitan Magistrate at Tis Hazari Court and was, therefore, covered under the Central Services (Medical Attendance) Rules, 1944.The petitioner’s 15-year-old son was diagnosed with brain tumour in the year 2003 for which he had to go through certain surgeries and chemo and radiation therapy at Sir Ganga Ram Hospital as well as Rajiv Gandhi Cancer Institute and Research Centre.The Rules provide that all the expenses incurred upon by a government servant towards the medical treatment of himself or his dependents has to be free of charge and any amount that is paid by him on account of such medical attention or treatment shall be reimbursed fully to him. .Verma was not only not fully reimbursed for the treatment but on August 6, 2004 a letter was issued to him from Drawing & Disbursing Officer, Officers of District and Sessions Judge asking him to deposit a sum of ₹51,854 against the medical advance granted to him from time to time of ₹2,34,000 for treatment of his son in Rajiv Gandhi Cancer Institute.It was stated that the petitioner was only entitled to reimbursement of ₹1,82,146..After considering the submissions, Justice Singh said that he is unable to figure out even a single provision of law which has been taken in support by the respondents to justify the deductions made in the claim of the petitioner.“It is pertinent to note here that when the Petitioner is recommended to Rajiv Gandhi Cancer Institute and Research Centre, the Respondents cannot deny the reimbursement of the medical expenses incurred even on the basis that the amount charged by the hospital has exceeded the approved rates,” the Court said..The Court added that the petitioner cannot be faulted or penalised to pay the excess amount that was charged from him from the Rajiv Gandhi Cancer Institute, when he did not even choose the hospital but was referred there.“The respondents are directed to fully reimburse the petitioner to the extent of bills raised by both the Hospitals, and to release the amount retained in the FDR, along with interest accrued from time to time, deducted from the salary or allowances of the petitioner as soon as possible, but positively within a period of four weeks from the date of this judgment,” the Court ordered..Advocates Rajat Aneja and Palak Vasisth appeared for the petitioner.Advocates Avnish Ahlawat, Standing Counsel (Services) along with NK Singh, Tania Ahlawat and Laavanya Kaushik appeared for the respondents. .[Read Order]