Raj Bahadur vs Union Of India (Uoi) And Ors.
2003 Latest Caselaw 901 Del

JUDGMENT

Badar Durrez Ahmed, J.

1. The petitioner is a khalasi/chowkidar in the Flood Control Department of the Government of NCT of Delhi. It is an unfortunate circumstance that the petitioner tested HIV positive and is suffering from what is commonly known as, AIDS. The question in this petition relates to the provision of medical treatment to the petitioner.

2. The petitioner was earlier being treated at LNJP Hospital which is a hospital under the Government of NCT. As the doctors attending to the petitioner felt that the petitioner required special care and treatment, the petitioner was referred to All India Institute of Medical Science. The latter hospital is not under the Government of NCT. The question in the present petition is whether the petitioner would be entitled to free medical treatment in AllMS as well. The applicable scheme for providing medical facilities to employees/pensioners of the Delhi Government was notified on 13.3.97 and is at pages 208 to 210 of the paper book. It is an admitted position that the scheme is applicable to the petitioner. In terms of the scheme, and in particular paragraph (i) at page 209 of the paper book, the petitioner is entitled to free admission in all the hospitals/nursing homes under Government of Delhi according to entitlement and as per norms applicable to a serving government servant of that income bricket. It is further indicated that if any medicine is not available in the hospital/dispensary, the hospital authorities would purchase the same and supply it to the eligible beneficiary and in case this is not possible, the beneficiary would be allowed reimbursement of such medicines. In paragraph (ii) it is provided that if the Medical Officer in charge of the hospital/dispensary feels that special treatment is required, he will refer the patient to the authorised medical institution providing such specialised treatment on priority basis. This is exactly what has been done in the present case. Unfortunately, All India Institute of Medical Sciences is not a hospital under the Government of NCT. The scheme further reads as under:

" In brief the beneficiaries would be provided out-patient care, emergency services, free supply of necessary drugs, laboratory and radiological investigations, specialists, consultation at hospital, family welfare services and treatment in specialised hospitals. In case of pensioners who have settled down outside Delhi, it would be optional for them to join or not to join the scheme. However, they would be able to avail of the benefit only if treated in Delhi as per instructions on this subject."

3. From the aforesaid it is clear that a beneficiary of the scheme is, inter alia, entitled to free supply of necessary drugs and treatment in specialised hospitals. It is apparent that the primary duty of providing free medicine and specialised treatment is upon the Government of NCT. As AIIMS is not a hospital which falls under the Government of NCT, the petitioner would have to obtain the medicines required for his treatment on his own. However, since the scheme is a beneficial measure it has to be liberally construed and keeping in mind this liberal construction it is apparent that the liability of the government of NCT would be best discharged if the petitioner is provided, in the first instance, with the necessary medicines and if that is not possible then the petitioner be advanced funds for obtaining those medicines from time to time. Learned counsel appearing on behalf of NCT of Delhi has fairly submitted that the petitioner can make an application to the Secretary, Health with the Government of NCT through the petitioner's parent department for advancing the sum of money necessary as per the requirement indicated by All Institute of Medical Sciences on a month to month basis. The application would be made within a week and the same would be disposed of as expeditiously as possible so that the petitioner does not suffer on account of non availability of medicines. The All India Institute of Medical Sciences shall, within three days, indicate the expenditure of medicines that would be required by the petitioner for treatment in the first instance on a monthly basis.

4. With these directions, the petition is disposed of.

dusty to all the parties under the signature of the court master.