Central Administrative Tribunal - Delhi
Chander Mohan vs Gnctd on 30 May, 2022
1
Item No. 10 OA 1481/2022
Central Administrative Tribunal
Principal Bench, New Delhi
O.A. No. 1481/2022
M.A. No. 1586/2022
This the 30th day of May, 2022
Hon'ble Mr. Mohd. Jamshed, Member (A)
Chander Mohan (Age about 72 years)
S/o Late Sh. Ratan Lal
Retired Grade-I DASS (Grp-B Gazetted) from GBSSS,
TKD Extension, New Delhi - 110009
R/o 5L/120, NIT Faridabad
Haryana - 121001
...Applicant
(By Advocate: Ms. Neelima Rathore)
Versus
1. Govt. of NCT of Delhi
Through its Chief Secretary,
Delhi Secretariat, I.P. Estate,
New Delhi - 110002
2. The Director,
Directorate General of Health Services,
Delhi Govt. Employee Health Scheme (DGEHS)
F-17, Karkardooma, Delhi - 110032
3. The Director,
Directorate of Education,
Room No. 12, Old Secretariat,
Delhi - 110054
4. The Regional Director (SE),
Directorate of Education, I.P. Extension,
Delhi - 110092
5. The Principle/HOS
Sarvodaya Bal Vidhyalaya - code 1925056
New Delhi - 110019
...Respondents
(By Advocate : Mr. Amit Yadav)
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Item No. 10 OA 1481/2022
ORDER (ORAL)
M.A. No. 1586/2022
This MA has been filed by the applicant seeking exemption from filing translated/typed copies of dim/handwritten documents. For the reasons stated therein, the MA is allowed.
O.A. No. 1481/2022
2. The applicant retired as Grade-I DASS (Group „B‟ Gazetted) from Government Boys Senior Secondary School, TKD Extension, New Delhi (Now Sarvodaya Bal Vidhyalaya Code-1925056), i.e. respondent No.5 herein, on 31.10.2009, on attaining the age of superannuation. He is presently residing at NIT Faridabad, Haryana. A Medical Card No.201596 was issued to him under Delhi Government Employees Health Scheme (DGEHS). On 09.09.2020, while the applicant suffered from some medical complications, he was taken to nearby QRG Central Hospital, Faridabad, which is a private hospital, in an emergency condition. After the essential investigations/tests, he was diagnosed Covid- 19 positive, Bilateral Pneumonia and Type-one Respiratory failure and was admitted in ICU. On being stable after 10 days, he was discharged from the hospital on 19.09.2020. A certificate that he was admitted in emergency was issued by the concerned Hospital. An amount of Rs.2,87,999.76 was 3 Item No. 10 OA 1481/2022 charged by the said hospital for the aforesaid indoor treatment and the applicant had to further spent Rs.8,557/- on Post-OPD treatment and medicines, as those medicines were not available at DGHES Medical Centre.
3. The applicant submitted medical claim for reimbursement of Rs.2,84,768/- to respondent No.5 on 07.11.2020. However, the respondent No.5 has only reimbursed Rs.1,15,828/- against the aforesaid medical claim of Rs.2,84,768/- and credited the same in his Saving Bank Account on 21.12.2021, but the balance amount of Rs.1,68,940/- was not reimbursed to him. While he visited the concerned authority, he was verbally told that only the package charges and bed charges have been reimbursed. Feeling aggrieved, he made a representation/appeal dated 10.02.2022 to respondent No.4 for reimbursement of balance amount charged by the hospital for the aforesaid treatment, but to no avail. Hence, he filed this O.A. seeking the following relief(s):
"(i) Allow the O.A.;
(ii) Consider and finalize the appeal of the applicant to reimburse the remaining balance amount of Rs.1,68,940/- as incurred on the treatment of the Applicant in Emergency condition in QRG CENTRAL HOSPITAL on certain investigations, medicines, Convalescent Plasma Therapy and Laboratory Tests which is still pending in shape of representation/appeal dated 10.02.2022 (Annexure A/1 (colly.)) within some stipulated time.4 Item No. 10 OA 1481/2022
(iii) to direct the Respondents to reimburse the remaining balance amount of Rs.1,68,940/- as incurred on the treatment of the Applicant in Emergency condition in QRG CENTRAL HOSPITAL along with interest @ 18% p.a. thereon from the date of submitted the claim application for reimbursement i.e. 07.11.2020 and
(iv) pass any other order as this Hon‟ble Tribunal may deem fit and proper."
4. The applicant contends that he made a representation dated 10.02.2022 in this behalf. However, the same has not been responded to by the respondents so far.
5. Heard Ms. Neelima Rathore, learned counsel for the applicant and Mr. Amit Yadav, learned counsel for the respondents, at the stage of admission itself.
6. Ms. Neelima Rathore, learned counsel for the applicant submits that the applicant would be satisfied, if the aforesaid pending representation/appeal is considered and decided by the respondents in a time bound manner.
7. Mr. Amit Yadav, learned counsel who appeared on advance service on behalf of the respondents, submitted that he has no objection to the prayer made by the learned counsel for the applicant.
8. Accordingly, the OA is disposed of at the admission stage itself, without going into the merits of the case, directing the respondents to consider the representation/ appeal dated 10.02.2022 made by the applicant, and to 5 Item No. 10 OA 1481/2022 decide the same by passing a reasoned and speaking order thereon, within a period of six weeks from the date of receipt of a copy of this order, under intimation to the applicant.
There shall be no order as to costs.
(Mohd. Jamshed) Member (A) /jyoti/akshaya/