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4. It is contended by the applicant that during the treatment of his ailing son in Govt. SMS Hospital, Jaipur, he came to know that Doctors of the said hospital are going to organize a seminar on the disease of DEAFNESS for Cochlear Implant Surgery of eminent and expert doctors. The applicant along with his son attended the seminar and as the applicant intended to get his ailing son operated upon from the same Govt. Hospital, the date of operation was accordingly fixed as 08.03.2014. At this point of time, the applicant informed his department vide letter dated 03.03.2014 that his son is suffering from Deafness in the ears.

7. The applicant submits that as per OM dated 12.06.2009 dealing with the issue of reimbursement of the cost of cochlear implant to beneficiaries under CGHS/Central Services (Medical Attendance) Rules, 1944, it is provided that the request for Cochlear Implants should be accompanied by complete clinical details and report of relevant investigations as below the independent opinion from two ENT Specialists of Govt. Hospitals undertaking Cochlear Implant Surgery about indications for Cochlear Implant Surgery. The applicant further submits that the recommendations and IQ reports were also obtained though after the surgery was undertaken and submitted to the Department for onward submission of the same to the Standing Committee of ENT Specialists. Though he admits that he could not have the prior permission but that was inadvertent and not intentional or rather it was because of the fact that he was under mental stress for the ailment his son was facing since his birth. However, he had informed the Department about his son undergoing Cochlear Implant Surgery on 03.03.2014 i.e. well before the Surgery which was done on 08.03.3014.

9. The applicant further submits that all the bills for treatment of his son relating to Cochlear Implant Surgery are as per CGHS rates and rules. He also mentioned that as per the ceiling of Cochlear Implant Surgery, the admissible amount for the above treatment is Rs.5,35,000/- and, therefore, applying the procedure of relaxation and considering the nature of disease and the circumstances under which the Surgery in question was undertaken, the OA deserves to be allowed.

10. The respondents have filed their reply denying the contentions of the applicant made by him in the OA. They have stated that the son of the applicant had undergone Cochlear Implant Surgery for the treatment of deafness in Swai Man Singh Hospital & Medical College, Jaipur (Rajasthan) from 26.02.2014 to 11.03.2014. The claim was examined by the Board. They further averred that since the applicant had not followed the laid down procedure, his medical reimbursement claim along with original documents was returned to DGIT (Investigation) (Admn.), E-2, Jhandewalan Extn., New Delhi vide letter dated 24.06.2014. It is contended that as the Cochlear Implant Surgery is a planned surgery, prior permission has to be obtained before the surgery is undertaken in view of Ministry of Health & F.W's OM dated 12.06.2009 and the reimbursement for Cochlear Implant Surgery is permitted only after the request is approved and recommended by a Standing Committee constituted for the purpose. As the applicant has not followed the laid down procedure, the medical reimbursement claim submitted by him in respect of his son cannot be processed further and, therefore, the respondents have rightly rejected his claim. The respondents, therefore, pray that in this view of the matter the OA of the applicant may be dismissed.