- (1.) Claim in the present writ petition is for issuing a direction to the respondents to reimburse the petitioner the medical expenses of Rs. 2,12,615/- incurred by him to undergo by-pass surgery of heart from Escorts Heart & Research Institute, New Delhi (hereinafter referred to as ' Escorts Hospital').
(2.) The petitioner retired as Commandant from the Border Security Force (hereinafter referred to as the 'B.S.F') on February 28, 1990. He is getting fixed medical allowance of Rs. 100/- per month along with his pension. The Central Government Health Scheme (hereinafter referred to as 'CGHS') is also provided to the serving and retired employees of the B.S.F like other Central Government employees. However, the CGHS facility is not available at Ludhiana where the petitioner is residing. In the year 2001, the petitioner suffered heart problem and took treatment from All India Institute of Medical Sciences, New Delhi (hereinafter referred to as 'A.I.I.M.S'). In April 2001, he underwent angiography test from A.I.I.M.S, New Delhi which revealed varying degrees of blockages in coronary arteries. In March, 2002 he suffered the problem again and was admitted in Escorts Hospital, New Delhi. He remained admitted in Escorts Hospital from March 06, 2002 to March 13, 2002 as an indoor patient. He underwent by-pass surgery in the Escorts Hospital, which is recognized by the Government, and incurred medical expenses of Rs. 2,12,615/-. It is been averred in the petition that a Committee headed by the Director General, Border Security Force has powers to sanction financial assistance to the retired B.S.F Personnel for treatment out of welfare fund in rarest of rare cases and heart disease falls in this category. He submitted the detailed bills for the said amount to the respondents for reimbursement vide his application dated June 19, 2002 (Annexure P-2). When no action was taken by the respondents, he sent reminder dated February 28, 2003 (Annexure P-3), but in vain. The petitioner then wrote letter dated April 21, 2003 (Annexure P-4) to the Director of Grievances, Ministry of Health & Family Welfare, New Delhi, for redressal of his grievance, but no action was taken thereon. Hence, this writ petition.
(3.) In the written statement filed by the respondents, it has been pleaded that as per the provisions contained in the Central Services (Medical Attendance) Rules, 1944 (for short 'the Rules'), the pensioners who are not residing in the areas covered by the Dispensaries of CGHS are entitled to medical allowance at the rate of Rs. 100/- per month. It has been pleaded that the petitioner was drawing Rs. 100/- per month as medical allowance because he did not become beneficiary of CGHS for the reasons best known to him. It has been further pleaded that the pensioners, who are getting Rs. 100/- per month as medical allowance, have the option to get their names registered with any of the dispensaries under CGHS covered cities for indoor hospitalization irrespective of the fact whether they are residing in the city or not as per instructions contained in Annexure R-5. The petitioner neither got himself registered with any such dispensary nor surrendered his medical allowance of Rs. 100/- per month although CGHS facilities are available at Chandigarh and Delhi. As such, he is not entitled to the relief claimed in this writ petition. It has been submitted that though a Committee headed by Director General, B.S.F, has powers to sanction financial assistance to the retired personnel for treatment out of welfare fund in rarest of rare cases, but case of the petitioner does not fall in this category as he retired as Commandant with sound financial position.;