Achal Kumar Aggarwal v. Union Of India

Heard the learned counsel for the parties.

2. An order passed on 3.12.2004 where the medical reimbursement has been restricted to package rates is being assailed in the present OA.

3. Facts are not disputed. Applicant had been referred for medical treatment. He claimed for reimbursement, which has been paid to the extent of package rates of AIIMS. When the representation of the applicant for grant of full medical reimbursement was rejected, gives rise to the present OA.

4. Learned counsel for applicant relied upon a decision of the Apex Court in Suman Rakheja v. State of Haryana & another, (2004) 13 SCC 563 wherein it has been laid down that in case of emergency, even in a private non-recognized hospital, the Government servant is entitled to get refund not only of 100% medical expenses at the AIIMS rates but also 75% of expenditure in excess thereto.

5. In this view of the matter, as the decision of the Apex Court (supra) is a binding precedent under Article 141 of the Constitution of India, the present OA is allowed. Impugned order is set aside. Respondents are directed to reimburse to the applicant the medical expenses incurred by him on the medical treatment to the tune of 100% at the AIIMS rates and 75% of the expenses incurred in excess, within a period of two months from the date of receipt of a copy of this order. No costs ( Shanker Raju ) Member (J) /sunil/