Delhi High Court
Govt Of Nct Delhi vs Ram Kumar Kaushik on 11 April, 2023
2023:DHC:2592-DB
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on: 11.04.2023
+ LPA 695/2016, CM APPL. 46152/2016, CM APPL.
46153/2016 & CM APPL. 46154/2016
GOVT OF NCT DELHI ..... Appellant
Through: Mrs. Avnish Ahlawat, Standing
Counsel along with Ms. Aliza
Alam, Ms. Palak Rohmetra, Ms.
Laavanya Kaushik, Mr. N.K.
Singh, Advocates.
versus
RAM KUMAR KAUSHIK ..... Respondent
Through:
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
HON'BLE MR. JUSTICE SUDHIR KUMAR JAIN
NAJMI WAZIRI, J (ORAL)
The hearing has been conducted through hybrid mode (physical
and virtual hearing).
1. This appeal impugns the order dated 04.03.2016 passed in W.P.
(C) No. 7978/2012 which has directed re-imbursement of
monies expended by the respondent towards medical treatment
after his retirement in 2005. It is not in dispute that under Delhi
Government Employees Health Scheme ('DGEHS') medical
benefits are to endure for a life-time. That being the position,
the employer-appellant would be required to reimburse the
Signature Not Verified
Digitally Signed By:KAMLESH
KUMAR
Signing Date:18.04.2023
12:12:29
2023:DHC:2592-DB
monies expended by the employee towards medical treatment.
The impugned order has referred to a judgment in Kishan
Chand versus Govt. of NCT & Others, WP(C) 889/2007,
decided on 12thMarch, 2010 which has held inter alia as under:
"8. It is quite shocking that despite various
pronouncements of this Court and of the Apex Court the
respondents in utter defiance of the law laid down have
taken a position that the pensioner is not entitled to the
grant of medical reimbursement since he did not opt to
become a member of the said health scheme after his
retirement or before the said surgery undergone by
him. It is a settled legal position that the Government
employee during his life time or after his retirement is
entitled to get the benefit of the medical facilities and
no fetters can be placed on his rights on the pretext that
he has not opted to become a member of the scheme or
had paid the requisite subscription after having
undergone the operation or any other medical
treatment. Under Article 21 of the Constitution of India,
the State has a constitutional obligation to bear the
medical expenses of Government employees while in
service and also after they are retired. Clearly in the
present case by taking a very inhuman approach, these
officials have denied the grant of medical
reimbursement to the petitioner forcing him to
approach this Court. The respondents did not bother
even after the judgment of this Court was brought to
their notice and copy of the same was placed by the
petitioner alongwith the present petition."
2. The respondent had paid the requisite annual subscription fees.
He is covered under the Scheme and is and therefore entitled to
recover the expenses incurred on account of his medical
treatment.
Signature Not Verified
Digitally Signed By:KAMLESH
KUMAR
Signing Date:18.04.2023
12:12:29
2023:DHC:2592-DB
3. In view of the above, no case is made out to interfere with the
impugned order. Accordingly, the appeal, along with pending
applications, is dismissed.
NAJMI WAZIRI, J
SUDHIR KUMAR JAIN, J
APRIL 11, 2023
RW
Signature Not Verified
Digitally Signed By:KAMLESH
KUMAR
Signing Date:18.04.2023
12:12:29
