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Angoori Devi Gautam vs Union Of India & Ors on 18 July, 2024

Author: Suresh Kumar Kait

Bench: Suresh Kumar Kait

                                    $~14
                                    *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +           W.P.(C) 9960/2017
                                                ANGOORI DEVI GAUTAM                                                              .....Petitioner
                                                                                      Through:                 Mr. H.S. Gautam and Ms. Neha
                                                                                                               Singh, Advocates

                                                                                      versus

                                                UNION OF INDIA & ORS                                                              ....Respondents
                                                              Through:                                         Mr. Sushil Raaja, Senior Panel
                                                                                                               Counsel for UOI

                                                CORAM:
                                                HON'BLE MR. JUSTICE SURESH KUMAR KAIT
                                                HON'BLE MR. JUSTICE GIRISH KATHPALIA
                                                                                      ORDER

% 18.07.2024 CM APPL. 20794/2022

1. The present application has been filed by petitioner seeking condonation of delay of 827 days in filing the Review Petition No.121/2022.

2. The captioned writ petition was dismissed vide order dated 14.11.2019 with direction to the respondents to consider the case of the petitioner on merit qua issuance of Medical Card within a period of 12 weeks but respondents did not comply with the said direction.

3. Being aggrieved, petitioner sent notice dated 29.10.2020 to the respondents. Having received no reply, petitioner filed CCP No.937/2021 wherein vide order dated 15.12.2021, notice was issued against the erring officers of the respondent. The respondents thereafter issued Medical Card dated 21.02.2022 to the petitioner. Even though the medical card has been W.P.(C) 9960/2017 Page 1 of 4 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/07/2024 at 20:49:38 issued to petitioner but the medical expenses to the tune of 7,85,004/- for treatment availed by petitioner for various ailments has not been reimbursed. Thus, on 21.03.2022 the review petition has been filed by the petitioner.

4. It is pertinent to mention here that delay in filing the review petition is of 897 days and since there is no plausible explanation for the delay, the same deserves to be dismissed, however, in the interest of justice, we are taking-up the review petition for hearing.

5. Accordingly, the present application stands disposed of.

6. The present review petition has been preferred by the petitioner seeking review of order dated 14.11.2019 passed by this Court wherein directions have been issued to the respondent to reimburse her medical expenses.

7. Relevantly, petitioner had preferred a writ petition challenging the order dated 26.05.2017 passed by learned Central Administrative Tribunal, Principal Bench, New Delhi whereby her OA No.2069/2015, seeking directions to the respondents to reimburse the expenses to the tune of Rs.7,85,004/-incurred by her on her medical treatment for various ailments during 2014, was rejected.

8. The backdrop of the case is that petitioner's husband had retired from the services of Railways on 31.03.1992 and on his retirement, pension was sanctioned. He died on 21.01.2009. Thereafter, petitioner was sanctioned family pension, which she has been receiving. The respondents denied petitioner's claim for reimbursement of medical expenses on the ground that she is not a member of Retired Employees Liberalized Health Scheme (RELHS), 1997. Respondents pointed out that in respect of all retired W.P.(C) 9960/2017 Page 2 of 4 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/07/2024 at 20:49:38 employees as of 20.01.2005, who had not become members of the RELHS, a further 11 month window upto 21.12.2005 was provided to become its member. However, petitioner's husband did not become the member of RELHS despite the extension of time.

9. Neither petitioner's request to respondent Nos.2 to 4 to reimburse her medical expenses and issue her a medical card for further treatment was replied to, nor medical card was issued in her favour. Thus, the petitioner approached the learned Tribunal by filing OA No.2069/2015 which was rejected observing that the petitioner was not a member of RELHS, 1997.

10. The petitioner thus, preferred the present writ petition before this Court seeking a direction to the respondents to reimburse the expenses incurred by her for various ailments in the year 2014 to the tune of Rs.7,85,004/-. This Court vide order dated 14.11.2019 held that the respondents were not justified in declining petitioner's request for medical reimbursement, however, directed the respondents to consider petitioner's request for issuances of medical card.

11. The present review petition has been filed by the petitioner on the ground that as per letter dated 22.12.2021 issued by the respondents, medical card could not be issued in favour of husband of the petitioner as he had not deposited one month's basic salary in the Scheme of RELHS and the medical card could be issued only upon deposit of Rs.18,000/-, retirement certificate, copy of PPO and two passport size photographs with the respondents; and since now medical card has been issued after completion of all the formalities, a prayer is made to review the order dated 14.11.2019 and direct the respondents to reimburse the medical expenses incurred by petitioner.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/07/2024 at 20:49:39

12. Notably, the afore-noted letter dated 22.12.2021 was issued by the respondents in compliance of directions of this Court vide order dated 14.11.2019 whereby petitioner's request for issuance of medical card was acceded to pursuant to directions of this Court and she was asked to complete the procedural formalities. Also this Court had observed that permitting the petitioner to now become a member of RELHS would not set a correct precedent and in the facts of the present case, petitioner's request for issuance of medical card was left to be decided by the respondents.

13. It is not disputed that that medical card has already been issued in favour of petitioner on 21.02.2022 upon payment of pre-requisite amount of Rs.18,000/-. In such circumstances, liberty is granted to the petitioner to approach the concerned department by making an application, to seek reimbursement of the medical expenses and the competent authority shall consider her case within four weeks from the date of receiving such application. In case any grievance still persists, the petitioner is at liberty to appeal before the appropriate Forum, if so desired.

SURESH KUMAR KAIT, J GIRISH KATHPALIA, J JULY 18, 2024 rk/r W.P.(C) 9960/2017 Page 4 of 4 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/07/2024 at 20:49:39