Delhi High Court
Indian Council For Agricultural ... vs Pramod Nischal on 20 January, 2025
Author: C.Hari Shankar
Bench: C. Hari Shankar
$~13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 376/2025, CM APPL. 1800/2025 & CM APPL.
1801/2025
INDIAN COUNCIL FOR AGRICULTURAL
RESEARCH .....Petitioner
Through: Mr. Sanjay Kumar Ghosh, Adv.
versus
PRAMOD NISCHAL .....Respondent
Through: Mr. Asish Nischal, Mr. Arun
Nischal and Mr. S. K. Singh, Advs.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
HON'BLE MR. JUSTICE AJAY DIGPAUL
JUDGMENT (ORAL)
% 20.01.2025
C.HARI SHANKAR, J.
1. The respondent's mother Shakuntla Sekhri was a Central
Government Health Scheme1 beneficiary, whose husband was
employed in the Indian Council for Agricultural Research2. He died
in harness. Shakuntla Sekhri was in receipt of family pension from
ICAR as the widow of her deceased husband.
2. Ms. Shakuntla Sekhri suffered a fracture on her left hip on 1
October 2021. She was taken to Saroj Hospital, Rohini, Delhi, which
is admittedly an empanelled CGHS Hospital. She was admitted in
CGHS
ICAR
emergency condition and, on the very next day on 2 October 2021, she
was operated for total left Hip Replacement. She was discharged on 5
October 2021.
3. The respondent sought reimbursement of the medical expenses
incurred in the replacement surgery undergone by his mother.
4. The petitioner granted reimbursement but only at the CGHS
rates.
5. The respondent accordingly approached the Central
Administrative Tribunal3 by way of OA 3606/2022, which stands
allowed by the Tribunal vide the impugned judgment dated 27 August
2024. The Tribunal has held the respondent to be entitled to
reimbursement of the actual expenses incurred in the treatment and
surgery of his mother Shakuntla Sekhri.
6. Aggrieved thereby, the petitioner is before this Court.
7. We have dealt with an identical situation in Hira Lal Bhat v
CMD, BSNL4, which, too involved a case of Liver Transplant in
which the person was admitted one day and operated on the next. We
have followed earlier decisions of this Court in UOI v Joginder
Singh5, UOI v Surender Kumar Kaur6, Jasbir Singh v UOI7 and
"the Tribunal"
2024 SCC OnLine Del 9065
(2023) 3 LLJ 404 (Del-DB)
2023 SCC OnLine Del 3414
2024 SCC OnLine Del 9
Jagir Kaur v UOI8 in which, in such cases, at least three Coordinate
Benches of this Court have held that the actual medical expenses
incurred have to be reimbursed.
8. Hip surgery follows hip fracture. Ex facie, therefore, hip
replacement is an emergency surgery.
9. In that view of the matter, we find no reason to interfere with
the impugned judgment of the Tribunal.
10. The writ petition is accordingly dismissed.
C. HARI SHANKAR, J.
AJAY DIGPAUL, J.
JANUARY 20, 2025
ssc
Click here to check corrigendum, if any
2024 SCC OnLine Del 4698
