- (1.) The grievance of the Petitioner who is a retired employee, is that he was afflicted with Cancer diagnosed as Non Hodgkin Lymphoma, for which he took treatment in Mohan Dai Oswal Centre & Research Centre & Foundation (Hospital), Ludhiana. The medical bills were submitted to the Respondents which after verification were sent for approval to Respondent No. 3. The Petitioner received a letter dated 13.9.2007 from Respondent No. 2 saying that only one bill amounting to Rs. 35,484/- had been cleared for reimbursement at the admissible rates of AIMS Deihi/PGI. The Petitioner was informed that the remaining bills cannot be reimbursed and that he will have to obtain Chronic Disease Certificate from the Civil Surgeon/C.M.O., Ambala, The Petitioner submitted the requisite certificate and also submitted the bills for reimbursement. The Petitioner was then informed that only those bills which pertained to the period after the issuance of the Chronic Disease Certificate, could be cleared and the remaining bills cannot be cleared. Despite representations, the claim of the Petitioner was not satisfied, which has resulted in the filing of the instant writ petition, wherein the learned Counsel for the Petitioner has referred to the Instructions Annexure P-6 to contend that the Petitioner is entitled to the complete reimbursement of the bills that he has submitted on account of the treatment taken by him.
(2.) Upon notice of motion having been issued, the Respondents filed a reply to state that since the Petitioner was claiming Fixed Medical Allowance with his pension, he could not be granted this reimbursement in view of the instructions issued by the Health Department vide letter dated 11.8.1992, wherein in para-3 of the said instructions, it has been mentioned that a person claiming reimbursement of chronic disease will not be entitled to another medical allowance whether at fixed rate or @ Rs. 100/- per month as out-door patient and as per Health Department letter No. 2/186/94-1HB(III) dated 9.2.1995, a person suffering from chronic disease will have an option to claim the expenditure of chronic disease treatment. If he opts for reimbursement of chronic disease treatment, he will not be entitled for fixed medical allowance and in such an eventuality, his Fixed Medical Allowance shall be stopped from the date of change of such option and he will be entitled to open medical reimbursement for chronic disease from that day. Since the Petitioner obtained chronic disease medical certificate on 7.12.2007, he is entitled for reimbursement of expenditure incurred for chronic disease on his treatment from that day after change of his option.
(3.) It was then contended by the learned Counsel for the Respondents that in view of the categoric instructions, the case of the Petitioner for reimbursement has rightly been declined.;