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3. The impugned order has been assailed as patently suffering from hostile discrimination and is thus violative of the principle of equality as enshrined in Article 14 of the Constitution of India. Both the applicant as well as Shri S.C. Ghai have been suffering from obstructive sleep apnoea due to which oxygen level fall dangerously to low level while sleeping which can lead to heart attack, paralysis and sudden death during sleep. The only life saving treatment recommended in both the cases by the competent medical authorities is the use of CPAP (Continuous Positive Airways Pressure) machine every night life long. The recommended machine is thus a life saving equipment. There are concurrent recommendations in the case of the applicant from Indraprastha Apollo Hospital, New Delhi and specialized doctors from AIIMS, New Delhi. The respondents have arbitrarily chosen to extend the concession of medical reimbursement to Shri S.C. Ghai but denied the same to the applicant for the reason which is not germane to the issue under consideration and does not provide any rational nexus with the object sought to be achieved thereby by classifying the applicant on the one hand and Shri S.C. Ghai on other category and different class. This smacks of discrimination. The respondents have failed to act fairly and in a just manner. The respondents ought to have acted in the framework of medical Rules uniformly applicable to the all employees.

This is to certify that Mrs. Sarojini Raman 52 years ID : 99059057 has undergone sleep study here at Apollo. She has obstructive sleep apnoea due to which her oxygen levels fall to dangerously low levels in sleep. This can lead to heart attack, paralysis and sudden death during sleep. Treatment recommended for this is the use of CPAP (Continuous Positve Airways Pressure) machine every night life long. This is life saving for her and the CPAP machine costs around Rs.50,000/- (Rupees Fifty Thousand only).

ADVICE: 1. Nasal CPAP titration.

2. Reduction in weight.

9. On a perusal of the aforesaid medical prescriptions, it is seen that both the applicant and Shri S.C. Ghai have been suffering from Obstructive Sleep Apnea having common characteristic and effects. Both have been recommended use of Nasal CPAP titration. Both have been advised reduction in weight. The nature of disease as well as the medical remedy therefor are common in both the cases. The function performed by the machine recommended by the doctors in the two cases IS also the same. It is relevant to note in this regard that there is no reference to heart attack that Shri S.C. Ghai suffered in the medical prescriptions referred to above. Nor it has been stated therein that the disease of Obstructive Sleep Apnea from which Shri S.C. Ghai has been suffering has been caused or in any way aggravated by the heart attack which Shri S.C. Ghai suffered. Yet the respondents have brought in these facts more with a view to distinguish the case of the applicant with that of Shri S.C. Ghai. Nevertheless, the fact remains that the disease for which recommended machine was advised to be used remain the same in both the cases. The remedial effect on the nature of function also remains common in both the cases and use of this machine is in respect of the level of oxygen going down during sleep in both the cases. As a matter of fact the respondents Corporation should have dealt with the matter on the basis of medical prescriptions which are common in both the cases. The respondents seem to have erred while emphasizing the factum of heart attack having been undergone by Shri S.C. Ghai as a condition precedent for grant of medical reimbursement. CPAP machine as recommended Obstructive Sleep Apnoea, which may or may not be on account of any heart attack. Admittedly, CPAP is a life saving machine and is intended to prevent heart attack, paralysis and sudden death during sleep. It is strange to expect that the applicant should suffer heart attack first in order to claim reimbursement of cost of CPAP machine, the use of which may avoid such a heart attack.