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"2. According to the instructions contained in letter No.S.11011/1/95-CGHS (P) dated 13.2.1995 of Ministry of Health and Family Welfare, "the reimbursement claims of Central Government pensioners including those of Ex-Members of Parliament retired judges of Supreme Court and High Courts and freedom fighters covered under CGHS for the treatment taken in recognised hospitals/Government referral hospitals with prior permission of CGHS i.e. CMO incharge of the dispensary concerned can be settled by the Additional Directors/Deputy Directors of CGHS without referring them to Director, CGHS/Ministry of Health & Family Welfare.
3. The claims relating to treatment taken in recognised hospitals Government referral hospital without prior permission under emergency circumstances or otherwise may be referred to Director, CGHS for ex-post-facto permission/Relaxation of rules before reimbursement. The claims relating to treatment taken in emergency in unrecognised private hospitals/nursing homes/clinics without permission have also to be sent to the Director CGHS/Ministry for consideration and decision.
4. Since CGHS facilities are not available in Karnal, the petitioner's case was referred to the Additional Director (CGHS), Central Government Health Scheme, Reimbursement and Hospitalisation Section Room No.8'D' 510 Nirman Bhawan, New Delhi-110001, who returned the claims stating that "CGHS settle only-CGHS Card Holder M.R.Claim". The petitioner is not a card holder since there is no CGHS facility.
ii) All hospitals, primary health centres and dispensaries recognised by the State Government for the indoor treatment including Cantonment Hospitals in Cantonment Areas and Railway Hospitals."

13. Admittedly, the Chief Medical Officer of District Civil Hospital at Karnal where the petitioner is settled is an Authorised Medical Attendant where the Government servants or the retired servants have to report for treatment which the petitioner has done in view of the emergent situation. After consulting the Medical Attendant, medical treatment is aken and claim is preferred on an Essentiality Form for reimbursement. It is, therefore, clear that the petitioner went to his Authorised Medical Attendant who referred the matter to Escorts Heart Institute & Research Centre for by-pass surgery at New Delhi. Reference was also made to the Directorate General Health Services, Haryana, Chandigarh who accorded the approval for specialised treatment in Escorts Hospital and reimbursement of the medical charges were directed to be made to the petitioner. In this view of the matter it cannot be understood as to how the petitioner who is a retired Central Government employee could be deprived of the reimbursement of the medical charges incurred for heart by-pass surgery. It is true that the petitioner did not hold a CGHS card as he presumed that it was not necessary as he was staying in Karnal where no CGHS scheme was operating. The Government, however, felt that if he had registered with CGHS scheme he could atleast, in the case of major ailments/major surgery, come to CGHS station to avail of these facilities if and when such a need arose. However, in serious cases of ailment and accidents the Rule seems to have been often relaxed as it is imperative for the patient to be taken to nearest private Hospital or authorised Medical Centre for emergent treatment. Next it is quite clear that the Government has already recognised certain Hospitals, such as, Escorts Heart Institute & Research Centre, All India Institute of Medical Sciences, Batra Hospital & Medical Research Centre, Indraprastha Apollo Hospital etc. as specialised Hospitals for treatment of its employees vide Memorandum dated September 18, 1996. Copy of the same has already been placed on record. Therefore, a retired Government servant is entitled to be treated in Escorts Heart Institute & Research Centre for heart ailment or for undergoing by-pass including Coronary By-pass surgery and the expenditure incurred has to be reimbursed. The office memorandum dated September 18, 1996 has clearly recognised certain private Hospitals/diagnostic Centres under CGHS for specialised and general purpose treatment and certain ceiling of rates are prescribed therein. The relevant portions of this Memorandum may be reproduced as under:

"No. S-11011/16-94-CGHS Desk-II/CMO(D) /CGHS(P) Government of India Ministry of Health and Family Welfare (Department of Health) Nirman Bhavan, New Delhi Dated the 18th Sept. 1996 OFFICE MEMORANDUM Subject: Recognition of private hospitals/diagnostic centres under CGHS, Delhi for specialised and general purpose treatment and diagnostic procedures and fixation of ceiling rates-Regarding.
The undersigned is directed to say that the issue of recognition of private hospitals for treatment of CGHS beneficiaries under CGHS, Delhi and fixation of ceiling rates has been under consideration of the government for quite some time. It has now been decided to recognise the under mentioned hospitals/diagnostic centres for different specialities (treatment/diagnostic procedures) mentioned against their names: