Central Administrative Tribunal - Gauhati
Shri Parimal Gosh vs Indian Council Of Agricultural ... on 23 July, 2024
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CENTRAL ADMINISTRATIVE TRIBUNAL
GUWAHATI BENCH
Original Application No. 043/99/2023
Date of order: This, the 23th day of July, 2024
HON'BLE SMT. URMITA DATTA SEN, JUDICIAL MEMBER
HON'BLE DR. SUMEET JERATH, ADMINISTRATIVE MEMBER
Between
Shri Parimal Ghosh,
Retd. Administrative Officer, ICAR, Ward No. 1,
(House No. 74) Link Arbuthnoth Road,
Nongrim Maw Laitumkhrah, Assam Rifles, East
Khasi Hills, Shillong, Meghalaya - 793011.
.....Applicant
-V/s-
1. The Union of India,
Represented by the Secretary, ICAR,
Krishi Bhavan, New Delhi- 110001.
2. The Under Secretary(NRM), ICAR, Krishi
Anushandan Bhavan, Pusa, New Delhi - 110001.
3. The Director, ICAR, Research Complex for NEH
Region, Umroi Road, Umiam, Meghalaya - 793103.
4. The Chief Administrative Officer, ICAR, Research
Complex for NEH Region, Umroi Road, Umiam,
Meghalaya-793103.
....... Respondents
O.A. No. 043/0099/2023
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Advocate for applicant: Sri N. Dasgupta, Ms. P. Sikdar
Advocate for respondents: Ms. Jupitara Das, ICAR Counsel
ORDER(ORAL)
PER SMT. URMITA DATTA SEN, MEMBER (J):
The instant O.A. has been filed by the applicant praying for the following relief(s):-
8. In view of the facts mentioned above, the applicant prays for the following relief(s):
1. It is prayed that the Respondent No. 3 & 4 shall be directed to comply with their own Order dated 20.10.2021(Annexure-A/5) wherein it is permitted for haemodialysis treatment of the spouse (wife) of the Petitioner, Smt. Rupashree Ghosh at Bethany Hospital, Shillong, which is as per provision of law and the said order has not been withdrawn or cancelled, but not complied with.
Therefore, Respondent No. 3 & 4 shall be directed to reimburse the medical bills for haemodialysis treatment of Smt. Rupashree Ghosh(spouse) without demur to save her life, as the Petitioner has no financial means to continue her haemodialysis treatment.
2. And the Hon'ble Court may be pleased to set aside Order F.No. NRM/21-10/2022-IA-II(Comp. No. 211482) dated 20.10.2022."
2. As per the applicant, he had retired on 30.09.2020. Thereafter, he was getting a Fixed Medical Allowance of Rs. 1000/- per month. However, one Letter dated 21.12.2020(Annexure-A/11) was written by the Applicant to the Director(Special Duty), ICAR, Krishi Bhavan through proper O.A. No. 043/0099/2023 3 channel praying for extension of benefit of CGHS facility and till then, he requested to withdraw the Fixed Medical Allowances facility; and medical expenditure reimbursement for both indoor and outdoor treatment from any recognized CGHS as per CS(MA) Rules may be extended to him. However, the said letter was forwarded by the Administrative Officer (ICAR) Umiam, Meghalaya to the Director (Special Duty), ICAR New Delhi vide Letter dated 30.12.2020(Annexure-A/12). In the meantime, his wife Smt. Rupashree Ghosh fell ill and was prescribed to undergo dialysis thrice in a week.
3. According to the learned counsel for the applicant, Ministry of Health & Family Welfare vide O.M. dated 31.10.2013(Annexure-A/3) had granted permission for Haemodialysis from a non-CGHS empanelled hospital/centre with a condition that reimbursement will be made as per the CGHS approved rates. In view of the said O.M., the applicant vide one Letter dated 05.10.2021(Annexure-A/4) had prayed for permission for medical treatment of his wife at non-empanelled CGHS hospital. Thereafter, vide Office Order dated 20.10.2021(Annexure-A/5) approval was granted by the Chief O.A. No. 043/0099/2023 4 Administrative Officer to applicant's wife to underwent Hemodialysis at Bethany Hospital, Shillong as a special case, which order is still in vogue as on today. However, when the applicant had submitted the Medical Reimbursement Bill dated 08.02.2022 onwards, the same was returned by the authority vide Letter dated 20.10.2022(Annexure-A/9) on the ground that the extant medical policy of the ICAR does not allow the reimbursement of OPD bills in cases where the pensioner is availing the fixed medical allowances. It has been further submitted by Sri N. Dasgupta, learned counsel for the applicant that since the applicant had been granted permission as per the O.M. dated 31.10.2013, which is still in vogue today, and, also he had made an application before the authority on 21.12.2020(Annexure-A/11) for withdrawing his fixed medical allowances, which has not been rejected so far and is still pending before the respondents and moreover, no communication has been received from them. Therefore, the respondents cannot deny the medical reimbursement of the applicant on the ground of OPD patient as there are no such stipulation in the said O.M. dated 31.10.2013(Annexure-A/3).
O.A. No. 043/0099/2023 5
3. Moreover, Ms. Jupitara Das, ICAR Counsel for the respondents has admitted that the Letter dated 21.12.2020(Annexure-A/11) of the applicant for withholding the fixed medical allowances, is still pending before the authority.
4. It has been further submitted by the learned for the applicant that the Fixed Medical Allowances is with regard to the purchase of medicines in lieu of free medicines. However, the applicant is ready to return back the money received during the period of her wife's treatment as a special case, if he would get the medical reimbursement at the rate of CGHS rate.
5. We have heard the parties and perused the records. It is noted that the applicant himself made a representation dated 21.12.2020(Annexure-A/11) to the authority asking for extension of CGHS benefit in lieu of withholding of his stoppage of fixed medical allowances, which was forwarded by the Administrative Officer, ICAR, Shillong to the Director(Special Duty) vide Letter dated 30.12.2020(Annexure-A/12) but till date, no decision has been communicated to him. In the meantime, the applicant vide Letter dated 05.10.2021, addressed to the Director, ICAR, O.A. No. 043/0099/2023 6 Meghalaya had requested for permission to undergo medical treatment of his wife, the said letter is produced below:
"Dated: 05th October, 2021 To, The Director, ICAR Research Complex for NEH Region, Umiam, Meghalaya, Sub: Permission for medical treatment-reg. Ref: Ministry of Health & Family Welfare O.M. No.s. 11030/32/2013-CGHS(P) dated 31/10/2013. Sir, With reference to the subject cited above, I would like to inform you that my wife Smt. Rupashree Ghosh has been advised by the doctors to undergo hemodialysis once in a week. Therefore, I request you to permit me to undergo the said procedure at Bethany Hospital, Shillong as this is nearest to my residence and convenient for my wife to visit for the procedure in order to enable me to claim reimbursement of the treatment costs as per rules.
An early action to this effect is highly solicited. Thanking you.
Yours sincerely, Sd/-
(Parimal Ghosh) Retd. Administrative Officer"
Thereafter, the Chief Administrative Officer vide Office Order dated 20.10.2021(Annexure-A/5), had conveyed the approval for the same, which is extracted below:
O.A. No. 043/0099/2023 7 "File No. ICARNEH(HQ-A/Gen.)67/2021 INDIAN COUNCIL OF AGRICULTURAL RESEARCH ICAR RESEARCH COMPLEX FOR N.E.H. REGION UMIAM(PO) - 793103, UMROI ROAD, MEGHALAYA Dated: 20th October, 2021 OFFICE ORDER Approval of Competent Authority, ICAR Research Complex for NEH Region, Umiam is hereby accorded to Smti., Rupashree Ghosh, W/o Shri Parimal Ghosh, Retd. Administrative Officer of this Institute for undergoing hemodialysis at Bethany Hospital, Shillong as a special case.
However, medical expenses incurred shall be reimbursed as per admissibility & Rules.
Sd/-
(Sachin Agnihotri) Chief Administrative Officer"
From the above, it is noted that once the respondents have given approval for treatment of Haemodialysis in non-CGHS Hospital in view of the Office Memorandum dated 31.10.2013(Annexure- A/3), they cannot take plea of OPD or Indoor treatment. Further, they cannot distinguish the case of the applicant as OPD patient which in general has always been done in OPD as there was no such stipulation either in the said O.M. dated 31.10.2013 or in their Approval Order dated 20.10.2021(Annexure-A/5). Further, it is observed that the applicant has made an application for stoppage of his Fixed Medical Allowances vide Order dated O.A. No. 043/0099/2023 8 21.12.2020(Annexure-A/11) which is however, still pending before the authority. Therefore, the respondents while sitting tight over the prayer of the applicant, cannot reject the medical reimbursement of the applicant as per the CGHS approved rate, once approval was earlier granted to the applicant.
6. In view of the above, in our considered opinion, justice would be met, if the respondents would be directed to make reimbursement as per CGHS approved rates. Accordingly, we direct the respondents/competent authority to grant and disburse the reimbursement of medical expenses incurred for Haemodialysis of his wife to the applicant, as a special case, as per CGHS approved rate in lieu of fixed Medical Allowances, within a period of two(02) months from the date of receipt of a copy of this Order.
7. In the meantime, the applicant is also directed to return back the fixed medical allowances received by him during the tenure of medical treatment of his wife.
8. Respondents are further directed to stop applicant's fixed medical allowances till the treatment of his wife is over.
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9. Accordingly, the instant O.A. stands disposed of with the above observations and directions with no order as to costs.
(DR SUMEET JERATH) (URMITA DATTA SEN)
MEMBER (A) MEMBER (J)
/Sk/
O.A. No. 043/0099/2023