Mohinder Pal, J. - (1.) CLAIM in the present writ petition is for quashing the orders dated December 20, 2005 (Annexure P -5) May 18, 2006 (Annexure P -7) and August 11, 2006 (Annexure P -9) vide which request of petitioner Arvind Kumar Garg for sanction of 100 per cent medical reimbursement and advance payment as the cost of Nucleas Cochlear Implant of his son, namely, Aabhas Garg, who is profoundly hearing impaired (deaf and mute) to the extent of 110 dbs (100 per cent) hearing loss and is dependant upon the petitioner, was rejected and for issuing a direction to the respondents to approve and reimburse the cost of surgery for this implantation and further allow him to get his son operated from any recognised Hospital within the limit of Rs. 9,78,000/ -.
(2.) THE petitioner is working as a Deputy Manager, State Bank of India, Chandigarh (hereinafter referred to as 'the respondent -Bank'). Aabhas Garg, son of the petitioner is suffering from profound, bilateral sensoneurary hearing loss of 110 dbs. (100 per cent). Aabhas Garg is holder of Bachelor of Engineering Degree in Electronics and Electrical Communication from the Punjab Engineering College. He subsequently passed various software/hardware related Certificate Courses in 'A' Grade. Despite the fact that Aabhas Garg has acquired the higher qualifications, but the biggest hurdle in his employment is lack of oral communication and hearing handicap due to which prominent Government Departments, Public Sector and Private Sector Organisations are reluctant in providing him suitable job. Dr. Naresh K. Panda, E.N.T. Department, Post Graduate Institute of Medical Education and Research, Chandigarh (hereinafter referred to as 'the P.G.I.), after conducting all preliminary tests like Audiometry, C.T. Scan and M.R.I., recommended him to be a fit case for the Cochlear Implant Surgery vide certificate dated November 18, 2005 (Annexure P -3). The implanted Electronic Cochlear replaces the dead Cochlear and transmits sound to the brain and gradually the patient can recognize/hear all the sounds and adapt it for speech development and the recipient can lead a normal life. Dr. Naresh K. Panda also recommended the most advance and suitable implant i.e. Nucleus, for Aabhas Garg. Nucleus is an Australian Company which has its representative M/s Medilife Technology at New Delhi. Nucleus freedom is the latest and World's best implant invented and developed till date. The price of the implant is Rs. 9.78 lacs including the surgery and hospitalization/operation charges of Rs. 30,000/ - as mentioned by Dr. Naresh Panda in Certificate dated November 18, 2005 (Annexure P -3).
(3.) THE petitioner has relied upon Circular dated November 14, 2000 (Annexure P -1), which is issued by the respondent -Bank. In this Circular, it is mentioned as to with regard to which medicine the amount is reimbursable and in the said schedule at Serial No. 10 it is mentioned that charges incurred for the replacement of certain original parts of the body such as limb and valves etc. will be paid when these form a part of the treatment. In this Circular, 'Cochelar Implant Surgery' has also been included in the list of admissible treatment.;