- (1.) The petitioner is serving as Development Officer in the Life Insurance Corporation of India (for short 'the respondent-Corporation). The respondent-Corporation issued 'Scheme of Ex-gratia Reimbursement of Medical Expenses', Annexure P-1 to the writ petition (hereinafter referred to as 'the Scheme') under which the employees of the respondent-Corporation are entitled to reimbursement of medical expenses to the extent of Rs. 3 lacs and if the medical expenses are more than Rs. 3 lacs, 70% of the expenses beyond Rs. 3 lacs are also reimbursable subject to the overall limit of ex-gratia of Rs. 5 lacs. The said entitlement is in addition to the amount of Rs. 80,000/- which is payable to the employees of the respondent-Corporation under the mediclaim scheme which is contributory one.
(2.) In January 2006, the petitioner was diagnosed as suffering from Hepatitis CV+ at Fortis Hospital at Amritsar and was admitted there on April 23, 2006. A copy of summary diagnosis has been attached as Annexure P-2 with the writ petition. Certificate dated May 20, 2006, Annexure P-3, issued by the Fortis Hospital is to the effect that the said treatment would continue for six months. The petitioner remained under treatment for the disease of Hepatitis CV+ for the requisite period with Amitabh Gastric & Liver Care Clinic and Endoscopy Centre at Amritsar under Dr. Amitabh Mohan Jerath. The petitioner incurred an expenditure of Rs. 2,90,988/-, out of which Rs. 80,000/- were reimbursed to him under the contributory mediclaim scheme and for the remaining amount of Rs. 2,10,988/-, he submitted his claim, Annexure P-5, for reimbursement under the Scheme, Annexure P-1. However, the respondent- Corporation rejected the claim vide order dated January 01, 2007, Annexure P- 6, on the ground that disease of Hepatitis CV+ is not covered under the list of major diseases contained in the Scheme, Annexure P-1.
(3.) In this petition filed under Articles 226/227 of the constitution of India, the petitioner has prayed for issuance of a writ in the nature of certiorari quashing the order dated January 01, 2007, Annexure P-6. He has also prayed for issuing a writ in the nature of mandamus directing the respondent- Corporation to reimburse the medical claim of the petitioner for Rs. 2,10,988/-.;