- (1.) This writ petition by a retired Government servant impugns, to put it in general terms, the manner in which the Central government Health Scheme (CGHS) treats ailing pensioners.
(2.) The first specific challenge is aimed at an office memorandum, dated 11th june, 1997 on the subject of simplification of the procedure for reference to recognised hospitals. The two Clauses which are assailed read thus: "(Iii) In case of a medical emergency, the details of which shall be recorded in writing by the CMO in charge of the CGHS dispensary, the CMO concerned may directly (i. e. , even before specialist's advice has been obtained) refer the CGHS beneficiary to a private recognised hospital for further management/treatment. (iv) The expenditure to be reimbursed by the parent department/office/cghs Directorate, as the case may be, would be restricted to the package deal rates/rates approved by the Government from time to time. The expenditure in excess of the approved rates/package deal would have to be borne by the beneficiary himself/ herself. "
(3.) Our attention was drawn by the learned Counsel for the Union of India to the affidavit in reply to the writ petition and to the circulars annexed thereto. The affidavit states, based on an O. M. , dated 11th June, 1997, that in the case of an emergency, the Chief medical Officer in charge of a CGHS dispensary may directly refer a beneficiary of the Scheme to a private recognised hospital for further treatment. Attention is also drawn to an office memorandum dated 7th April, 1999 wherein, in Clauses (2) , (5) and (6) , much relief has been given. The same circular provides in the part thereof relating to ex-post facto approvals, for emergency situations. We think that these provisions take reasonably adequate care of what has been pointed out on behalf of the petitioner.;