BHAWANI SHANKER vs NORTH WESTERN RAILWAY

1 OA No.542/2024
CENTRAL ADMINISTRATIVE TRIBUNAL
JODHPUR BENCH, JODHPUR

Original Application No.542/2024

Pronounced on : 13.10.2026
Reserved on : 22.09.2026
CORAM

HON’BLE Mr. JUSTICE RAMESHWAR VYAS, MEMBER (J)
HON’BLE Dr. HUKUM SINGH MEENA, MEMBER (A)

Bhawani Shanker Son of Shri Khan Chand, Aged 66 Years R/o 2-1214,
Kuri Bhagtasani Housing Board, Jodhpur (Raj) Retired from the Post of
Accounts Assistant, N.W Rly., Jodhpur Division, Jodhpur.
…..Applicant
By Advocate : Mr. Dilip Vyas
Versus

1. Union of India through General Manager, NW Railways, Malviya
Nagar, Jawahar Circle, Jaipur- 302001.
2. The Principal Financial Advisor, NW Railways, Malviya Nagar,
Jawahar Circle, Jaipur- 302001.
3. The Divisional Rail Manager, North West Railway, Jodhpur
342001.
4. The Chief Medical Director, NW Railways, Malviya Nagar,
Jawahar Circle, Jaipur- 302001.
5. The Chief Medical Superintendent, Railway Hospital, Jodhpur
Division, North West Railway, Jodhpur 342001.
6. The Senior Divisional Finance Manager, North West JuRailway,
Jodhpur - 342001.
...... Respondents
Radhe
Shyam
Songara
Digitally signed by Radhe Shyam
Songara
DN: C=IN, O="CENTRAL
ADMINISTRATIVE TRIBUNAL,
JODHPUR BENCH, JODHPUR ", OU=
PRIVATE SECRETARY, PostalCode=
342003, S=Rajasthan,
SERIALNUMBER=
b9df04312f53f00f720974ca155836fa54c
a986db2ee75670488a0e9babb99bf,
CN=Radhe Shyam Songara
Reason: I am the author of this document
Location:
Date: 2026.11.02 10:48:34+05'30'
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By Advocate: Mr. B.L. Tiwari

2 OA No.542/2024

ORDER
Per Dr. Hukum Singh Meena, Member (A)
Being aggrieved by not releasing the advance money for lung
transplant of the son of the applicant, the applicant has filed present
Original Application seeking direction against the respondents to take
immediate action to refer the son of the applicant to KIMS Hospital
Hyderabad for lung transplant alongwith facility to move the patient in
well equipped ambulance and under supervision of appropriate doctor.
Since, during the course of hearing, the son of the applicant died
on 14.03.2026, learned counsel for the applicant while alleging the delay
on the part of the respondents in taking immediate action, prayed for
issuing direction against the respondents to act with promptitude in cases
of real emergency situation.
2. Brief facts of the case are as under :-
2.1 As per discharge summary prepared by the Department of
Pulmonary Medicine, AIIMS, Jodhpur dated 08.09.2022 son of the
applicant remained admitted in AIIMS, Jodhpur from 25.08.2022 to
08.09.2022. The patient was known case of b/I bronchiectasis with type
2 RF on home based oxygen therapy and NIV therapy since 2021. He
had history of COVID-19 infection in November, 2020. He was
discharged in a stable condition with some medical advice with plan for
lung transplant. Thereafter, on 10.06.2024, patient in critical condition
Radhe
Shyam
Songara
was again admitted in AIIMS Jodhpur. He remained admitted
Digitally signed by Radhe Shyam
Songara
DN: C=IN, O="CENTRAL
ADMINISTRATIVE TRIBUNAL,
JODHPUR BENCH, JODHPUR ", OU=
PRIVATE SECRETARY, PostalCode=
342003, S=Rajasthan,
SERIALNUMBER=
b9df04312f53f00f720974ca155836fa54c
a986db2ee75670488a0e9babb99bf,
CN=Radhe Shyam Songara
Reason: I am the author of this document
Location:
Date: 2026.11.02 10:48:34+05'30'
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3 OA No.542/2024
intermittently in AIIMS Jodhpur from 10.06.2024 to 10.09.2024.
During that period, on 20.07.2024, the patient was referred to KIMS
(Krishna Institute of Medical Science) Hospital at Hyderabad for
evaluation of lungs transplant. On the advice of AIIMS, Jodhpur, the
applicant vide letter dated 23.09.2024 requested Railway to refer his son
to KIMS Hyderabad, but not finding any response from the respondents,
the applicant filed the present OA before this Tribunal on 21.10.2024.
2.1 The matter was listed on 22.10.2024, on that day considering the
prayer made by the counsel for the applicant, the respondents were
directed to make necessary arrangement for proper treatment of son of
the applicant as per the extant rules. Meanwhile, the condition of the son
of the applicant became critical, therefore, on the advice of KIMS
Hospital, Hyderabad, the applicant decided to treat his son at KD
Hospital, Ahmedabad instead of KIMS Hospital, Hyderabad. In
Ahmedabad, he was admitted to Apollo Hospital from where he was
shifted to CIMS hospital Ahmedabad. Meanwhile, he remained in
contact with KD Hospital, Ahmedabad for registration for lungs
Transplant.
2.2 On the request of the applicant, the respondents sanctioned
Rs.25,00,000/- for lung transplant surgery of his son as per the extant
rules. The sanction was intimated to the KD Hospital, Ahmedabad vide
letter dated 10.01.2025. Thereafter the amount was deposited in the
account of KD Hospital, Ahmedabad. However, on account of non-
availability of the suitable lungs, the surgery could not be taken place.
Radhe
Shyam
Songara
Digitally signed by Radhe Shyam
Songara
DN: C=IN, O="CENTRAL
ADMINISTRATIVE TRIBUNAL,
JODHPUR BENCH, JODHPUR ", OU=
PRIVATE SECRETARY, PostalCode=
342003, S=Rajasthan,
SERIALNUMBER=
b9df04312f53f00f720974ca155836fa54c
a986db2ee75670488a0e9babb99bf,
CN=Radhe Shyam Songara
Reason: I am the author of this document
Location:
Date: 2026.11.02 10:48:34+05'30'
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4 OA No.542/2024
Therefore, the amount deposited with the KD Hospital was refunded by
the KD Hospital, Ahmedabad to Railway on later request.
2.3 Since, the son of the applicant was still struggling for life, the
applicant on 19.11.2025 made fresh request to release amount for lungs
transplant. He sent various reminders to release the amount. In one of
th
the letter 16 February, 2026, the applicant mentioned that the condition
of his son is very critical after remaining admitted in SAL Hospital,
Apollo Hospital and CIMS Hospital Ahmedabad. Disclosing financial
crisis, the applicant requested to release the Rs.25,00,000/- in favour of
KD Hospital, Ahmedabad so that the surgery of lung transplant be taken
place.
2.4 This bench also directed the respondents on various heading dates
to release the advance of lung surgery without any further delay to the
concerned hospital.
3. It is the reply of the respondents that advance money
Rs.25,00,000/- was sanctioned and deposited in the bank account of the
KD Hospital, Ahmedabad on 05.03.2026. However, unfortunately
before lung transplant, the patient died on 14.03.2026.
4. In the above background, learned counsel for the applicant
contended that in the present case, the respondents has not acted
promptly on account of which the applicant could not save the life of his
son, who was struggling for life for last more than 5 years. He contented
the respondents committed error in taking refund of Rs.25,00,000/-
Radhe
Shyam
Songara
Digitally signed by Radhe Shyam
Songara
DN: C=IN, O="CENTRAL
ADMINISTRATIVE TRIBUNAL,
JODHPUR BENCH, JODHPUR ", OU=
PRIVATE SECRETARY, PostalCode=
342003, S=Rajasthan,
SERIALNUMBER=
b9df04312f53f00f720974ca155836fa54c
a986db2ee75670488a0e9babb99bf,
CN=Radhe Shyam Songara
Reason: I am the author of this document
Location:
Date: 2026.11.02 10:48:34+05'30'
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deposited earlier on 28.10.2025 in bank account of KD Hospital,

5 OA No.542/2024
Ahmedabad. After taking refund of Rs.25,00,000/- by the Railway, the
applicant again requested the Railway to release the amount on
19.11.2025, which was released after a delay of three months. In such
types of cases delay of even some days may be fatal to the life of the
patient. Therefore, he requested that direction be issued to the
respondents so that in future on account of procedural delay on the part
of the respondents one has not to lose his life.
5. On the contrary, learned counsel for the respondents submitted
that there was no delay on the part of the respondents. They were ready
to release the amount as and when they get intimation of availability of
lung. The respondents were not informed about the availability of lung.
However, the amount was sanctioned to the applicant on 05.03.2026.
6. Having regard to the submissions made by learned counsel for the
parties and material available on record, the point for consideration
before this Bench is how to curtail the delay in sanctioning the amount
for organ transplant so that delay may not be reason for death of a
patient entitled for medical treatment under Government Scheme. In
this regard, counsel for the applicant has filed Office Memorandum
dated 01.12.2023 wherein guidelines and ceiling rates for Lung
Transplant, Heart Transplant surgery in respect of CGHS/CS (MA)
beneficiaries has been issued.
6.1 Perusal of the above office memorandum suggests that no time
frame has been issued for granting permission for lung transplant, heart
Digitally signed by Radhe Shyam transplant surgery by the competent authority. In such types of cases
Songara
DN: C=IN, O="CENTRAL
ADMINISTRATIVE TRIBUNAL,
JODHPUR BENCH, JODHPUR ", OU=
PRIVATE SECRETARY, PostalCode=
342003, S=Rajasthan,
SERIALNUMBER=
b9df04312f53f00f720974ca155836fa54c
a986db2ee75670488a0e9babb99bf,
CN=Radhe Shyam Songara
Reason: I am the author of this document
Location:
Date: 2026.11.02 10:48:34+05'30'
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Radhe
Shyam
Songara

6 OA No.542/2024
timely action is very essential to save the life of a patient. Secondly,
since composition of Standing Committee for CGHS beneficiaries and
CS (MA) beneficiaries consists of so many members, delay is likely to
cause in convening the meeting on the request made by the beneficiaries
for seeking permission for lung/heart transplant surgery. Therefore,
guidelines should be framed so as to complete the procedure with
promptitude within stipulated time in issuing sanction for organ
transplant.
6.2 In the present case almost more than three months were spent in
sanctioning advance to the applicant for lungs transplant of his son,
which could be curtailed by taken timely action. In the instant case,
when earlier the advance amount of Rs.25,00,000/- was sanctioned for
lungs transplant of the son of the applicant, we do not see any
justification in taking so much time for granting fresh sanction. We are
of the view that while keeping alive the earlier sanction, the amount
should have been re-transferred to the KD Hospital Ahmedabad
immediately on the request of the applicant. We should not forget the
practical realities of the life that without depositing the amount in
advance, no private hospital would care to proceed sincerely with the
plan of organ transplant. We are of the opinion that in such cases
Government/Respondents shall issue specific written assurance to the
private hospital regarding releasing the amount in case delay is
anticipated in issuing sanction letter so that on account of non-release of
the amount in time, no one has to lose his life.
Radhe
Shyam
Songara
Digitally signed by Radhe Shyam
Songara
DN: C=IN, O="CENTRAL
ADMINISTRATIVE TRIBUNAL,
JODHPUR BENCH, JODHPUR ", OU=
PRIVATE SECRETARY, PostalCode=
342003, S=Rajasthan,
SERIALNUMBER=
b9df04312f53f00f720974ca155836fa54c
a986db2ee75670488a0e9babb99bf,
CN=Radhe Shyam Songara
Reason: I am the author of this document
Location:
Date: 2026.11.02 10:48:34+05'30'
Foxit PDF Reader Version: 2025.1.0

7 OA No.542/2024
6.3 The note may also be endorsed to treating Hospital categorically
mentioning that the sanction as per ceiling would follow. However, they
should advice and give direction to the treating hospital that treatment
should be carried out as per the requirement of the patient. They may
also indicate the ceiling prescribed to the different diseases to the
concerned hospital with a note that over and above of the prescribed
ceiling may be borne by the employee.
6.4 Coming to the facts of the present case, we are of the view that the
son of the applicant died on account of non-availability of the suitable
lung to be transplanted to him. Time spent in releasing the amount may
not be a reason for loss of life of the son of the applicant. In one of the
letter dated 16.02.2026, the applicant himself appreciated the
cooperation given by the respondents in treating his son.
6.5 Accordingly, the OA is disposed of with the aforesaid
observation. No order as to costs.

(Dr. HUKUM SINGH MEENA) (RAMESHWAR VYAS)
MEMBER (A) MEMBER (J)

Rss

Radhe
Shyam
Songara
Digitally signed by Radhe Shyam
Songara
DN: C=IN, O="CENTRAL
ADMINISTRATIVE TRIBUNAL,
JODHPUR BENCH, JODHPUR ", OU=
PRIVATE SECRETARY, PostalCode=
342003, S=Rajasthan,
SERIALNUMBER=
b9df04312f53f00f720974ca155836fa54c
a986db2ee75670488a0e9babb99bf,
CN=Radhe Shyam Songara
Reason: I am the author of this document
Location:
Date: 2026.11.02 10:48:34+05'30'
Foxit PDF Reader Version: 2025.1.0