- (1.) BY way of this writ petition, the petitioners, the Union of India and the Chief Medical Superintendent, Railway Hospital, North Western Railway, Jodhpur, seek to question the order dated 04.05.2012 as passed in Original Application ('OA') No. 389/2011 whereby the Central Administrative Tribunal, Jodhpur Bench, Jodhpur ('the CAT') has upheld the claim made by the applicant (the respondent herein) for reimbursement of the medical bills for the treatment of his son, who was found suffering from acute leukemia (blook cancer) and who, ultimately, expired on 26.05.2010.
(2.) THE applicant-respondent had filed the OA aforesaid while questioning the orders dated 24.04.2010 and 25.06.2011 whereby reimbursement of the medical bills, respectively for Rs. 1,32,742/- and 2,37,224/-, in regard to the treatment of his son was declined by the present petitioners essentially for the reason that the bills related to the treatment at such hospitals whereto the patient had not been referred by the Railway Hospital, Jodhpur. The applicant had also stated the grievance that out of the another bill of Rs.1,10,605/- for the treatment of his son at Goyal Hospital, Jodhpur, the petitioners sanctioned only an amount of Rs.66,689/-. The relevant background aspects and the factual scenario had been that on 07.03.2009, the applicant, who has been serving as Office Superintendent with the petitioners, took his son Vivek Soni, who was suffering from high fever, to the Railway Hospital, Jodhpur; and then took him to another doctor Dr.Girdhar Singh Bhati who, after investigation found the patient suffering from acute leukemia (blood cancer). It was submitted by the applicant that on the advice of the said Dr. Giridhar Singh Bhati, in an emergent situation, his son was shifted to MP Shah Cancer Hospital, Ahmedabad where he remained admitted from 11.03.2009 to 27.04.2009. According to the applicant, in this treatment, he incurred the expenditure to the tune of Rs. 1,32,742/-. It was further submitted that even after discharge from the said MP Shah Cancer Hospital, there was no improvement in the condition of the patient who was, then, admitted to the Divisional Railway Hospital at Sabarmati, Ahmedabad; and the applicant made a request to the Chief Medical Superintendent, NW Railway, Jodhpur under the representation dated 05.05.2009 to request his counter-part at Ahmedabad to refer the patient to MP Shah Cancer Hospital, Ahmedabad for specialised treatment and on that basis, his son was referred to the said MP Shah Cancer hospital wherefrom, after treatment, he was discharged on 10.05.2009. It is an admitted position that the medical bills submitted by the applicant for this treatment of his son after reference, from 05.05.2009 to 10.05.2009, were indeed reimbursed.
(3.) THE applicant stated further that the condition of his son yet deteriorated and he was admitted to the Intensive Care Unit of Goyal Hospital, Jodhpur on the advice of Dr. Vinay Vyas, Oncologist of Railway Hospital, Jodhpur wherefrom he was again shifted to MP Shah Cancer Hospital, Ahmedabad and was discharged on 28.07.2009. It is also an admitted position that for this repeat treatment at Ahmedabad, reimbursement was made to the applicant. It was further stated that the son of the applicant was again hospitalised in Goyal Hospital, Jodhpur from 24.12.2009 to 19.01.2010; and that all the efforts failed and ultimately the son of the applicant expired on 26.05.2010.;