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Union Of India And Ors vs Pramod Kumar Meena on 22 August, 2022

Author: Sanjeev Sachdeva

Bench: Sanjeev Sachdeva, Tushar Rao Gedela

                                      $~53
                                      *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                      +      W.P.(C) 12042/2022 & C.M. No. 35996/2022
                                             UNION OF INDIA AND ORS                  ..... Petitioners
                                                           Through: Mr. Mukul Singh, CGSC with Ms. Ira
                                                                    Singh, Advocate.
                                                           versus

                                             PRAMOD KUMAR MEENA                ..... Respondent
                                                          Through: None.
                                             CORAM:
                                             HON'BLE MR. JUSTICE SANJEEV SACHDEVA
                                             HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
                                                                ORDER

% 22.08.2022

1. Petitioner impugns order dated 28.05.2018 whereby the Central Administrative Tribunal has directed the petitioner to reimburse the medical claim in respect of the son of the respondent in full.

2. The only ground taken for challenge is that as per the office memorandum dated 12.06.2009 prior permission is to be obtained before the surgery is undertaken. The Tribunal has noticed that the cochlear implant was required by the child of the respondent who was aged about 9 months because he was not able to sit or respond even to loud sounds. It is also noticed that the respondent had submitted the requisite documentation as required by the office memorandum, though post the surgery. The claim of reimbursement has been rejected solely on the ground of prior permission not having been taken. It is not clear from the record as to whether the Committee has considered the eligibility of the claim on merits or not.

Signing Date:24.08.2022 16:33:11 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.

3. Learned counsel for the petitioner prays for time to take instructions and file an affidavit stating as to whether the claim has been considered on merit or not or has solely been rejected on the ground of prior permission not having been taken.

4. Let the affidavit be filed within 10 days.

5. List on 14.09.2022.

SANJEEV SACHDEVA, J TUSHAR RAO GEDELA, J AUGUST 22, 2022 rk Signature Not Verified Digital Signed By:KUNAL MAGGU Signing Date:24.08.2022 16:33:11 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.