Facts
The applicant, Shri Gautam Chanda, a retired BSNL employee, sought reimbursement for medical bills totaling Rs. 1,14,870/- and Rs. 1,10,453/- for the emergency treatment of his unmarried dependent sister, Miss Jasasmita Chanda, at Bethany Hospital, Shillong.
Source reference: para. 2Miss Chanda was admitted on August 1, 2022, for severe abdominal pain and nausea, and an emergency certificate was issued by the doctor.
Source reference: para. 2The applicant submitted the medical bills for reimbursement on February 24, 2023.
Source reference: para. 2Verbally informed that Bethany Hospital was no longer empanelled, the applicant submitted a copy of his medical card and the doctor's advice certifying the emergency.
Source reference: para. 2Despite several applications and a reminder on July 22, 2024, the bills remained unreimbursed.
Source reference: para. 2The respondents stated that the reimbursement application was pending due to non-submission of mandatory supporting documents, as per their RTI reply on February 7, 2024.
Source reference: para. 3They claimed that the indoor medical bills were returned on April 15, 2024, via registered post for non-submission of documents, but the applicant refused to accept the mail.
Source reference: para. 4The applicant, in his rejoinder, argued that due to the emergency, he could not provide all documents initially but later submitted his medical card and doctor's advice.
Source reference: para. 4He also cited BSNL instructions allowing indoor treatment in non-empanelled hospitals in emergencies, with reimbursement restricted to CGHS rates after verification.
Source reference: para. 6The respondents' counsel acknowledged that emergency admission to non-empanelled hospitals is permissible with an emergency certificate.
Source reference: para. 7However, there were discrepancies in the dates on the emergency certificates submitted by the applicant, requiring original documents for verification, which he had not provided.
Source reference: para. 7The respondents' counsel confirmed that the claim would be considered upon submission of original documents, and the applicant's counsel agreed.
Source reference: para. 7Issues
1. Whether the applicant is entitled to the reimbursement of medical bills for emergency treatment of his dependent sister in a non-empanelled hospital?
Source reference: para. 2, 62. Whether the non-submission of original mandatory supporting documents by the applicant prevents the processing of the medical reimbursement claim?
Source reference: para. 3, 7Law Applied
The court primarily referenced the BSNL Employees Medical reimbursement policy and specific instructions published vide office order No. BSNL/ADMN/1 dated April 22, 2003, which outline the procedure for applying for medical reimbursement for indoor treatment and the mandatory supporting documents.
Source reference: para. 3It also considered instructions regarding "Reimbursement of medical claim for retired employees of BSNL," specifically para 3.0(vi), which states that retired employees or their dependents may receive indoor treatment from non-empanelled hospitals only in emergency cases, provided the designated officer in BSNL is informed and reimbursement is restricted to prevailing CGHS rates after due verification.
Source reference: para. 6Reasoning
The court's analysis focused on the applicant's entitlement to medical reimbursement for emergency treatment in a non-empanelled hospital versus the respondents' requirement for mandatory documentation.
Source reference: no citationWhile the BSNL policy permits emergency treatment in non-empanelled hospitals, subject to specific conditions like informing the designated officer and subsequent verification, the respondents highlighted the applicant's failure to submit critical supporting documents and discrepancies in the emergency certificates.
Source reference: para. 6, 3, 7The court acknowledged the verbal agreement between the counsels for both parties during the hearing, where the respondents agreed to process the claim if the original documents were submitted.
Source reference: para. 7This effectively resolved the immediate impasse by upholding the procedural requirement for documentation while recognizing the underlying entitlement for emergency treatment.
Source reference: no citationHolding
The Original Application was allowed to the extent that the applicant was directed to submit the original and requisite documents to the respondents/competent authority within 15 days from the receipt of the order.
The respondents were then directed to process the claim within a further period of 30 days.
Source reference: para. 9The court made no order as to costs.
Source reference: para. 10Original Court PDF
SHRI GAUTAM CHANDAvsBHARAT SANCHAR NIGAM LIMITED
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