R.L. Anand, J. - (1.) LT . Col. M.L. Kohli (Retd.) has filed the present petition under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the respondent to reimburse to him the medical claim of Rs. 1,12,850/ -, which was incurred by him towards Angiography and By -pass surgery, which was performed at the Escorts Hospital, New Delhi.
(2.) THE case set up by the petitioner is that he joined the Army in the year 1938 and retired in the year 1973. In the year 1994. He suffered from Unstable Angina. On 15.11.1994, he was admitted to the Escorts Hospital, New Delhi. On 22.11.1994, open heart surgery was performed upon him and he was discharged from the said hospital on 2.12.1994. He wrote a letter to the Chief of the Army Staff to make the reimbursement of the bill. He submitted a bill also but he was only reimbursed to the extent of Rs. 1 lac whereas he actually incurred Rs. 2,12,850/ -. In this manner, he is entitled to further medical reimbursement of Rs. 1,12,850/ -. Notice of the writ petition was given to the respondents, who filed the written statement and denied the allegations.
(3.) AS per the respondents, the petitioner was a member of the Army Group Insurance Fund, according to which the maximum reimbursement admissible to the petitioner was Rs.1 lac, which has already been paid to him. There is no rule of the Army which entitles the petitioner for further reimbursement. In these circumstances, the petitioner is not entitled to the reimbursement of the additional amount of Rs. 1,12,850/ - which is being claimed by him.;