Original Application No. 180/00474/2016. Case: M.K. Kutty Krishnan Nair Vs The Director, Central Institute of Fisheries Technology. Central Administrative Tribunal

Case Number:Original Application No. 180/00474/2016
Party Name:M.K. Kutty Krishnan Nair Vs The Director, Central Institute of Fisheries Technology
Counsel:For Appellant: Mr. P.V. Mohanan, Adv. and For Respondents: Mr. P. Santhosh Kumar, Adv.
Judges:Mr. U. Sarathchandran, Judicial Member
Issue:Central Services (Medical Attendance). Rules, 1944 - Section 6
Judgement Date:May 30, 2017
Court:Central Administrative Tribunal
 
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Order:

Mr. U. Sarathchandran, Judicial Member, (Ernakulam Bench)

Applicant, a retired Technical Officer who was working under the respondents, is seeking full reimbursement of the medical expenses incurred by him for the treatment of his wife under the Central Services (Medical Attendance) Rules, 1944 [hereinafter referred to as the CS(MA) Rules]. His wife had undergone treatment for bilateral total knee replacement at Amrita Institute of Medical Sciences and Research Centre - an approved medical institute by the respondents - from 19.8.2015 to 23.9.2015, incurring a total expense of Rs. 5,29,891.20. The respondents reimbursed only Rs. 3,01,081/-. Applicant contends that as per Rules 3 & 6 of CS (MA) Rules, 1944 the applicant is entitled to full reimbursement of the medical expenses incurred by him. Rules 3 & 6 of CS (MA) Rules, 1944 read:

'Rule 3- MEDICAL ATTENDANCE Rule 3 (i)- A Government servant shall be entitled, free of charge to medical attendance by the authorised medical attendant; Rule 3 (ii)- Where a Government servant is entitled under sub-rule (i), free of charge, to receive medical attendance, any amount paid by him on account of such medical attendance shall, on production of a certificate in writing by the authorised medical attendant in this behalf be reimbursed to him by the Central Government. Provided that the controlling officer shall reject any claim if he is not satisfied with the genuineness on facts and circumstances of each case, after giving an opportunity to the claimant of being heard in the matter. While doing so, the controlling officer shall communicate the claimant the reasons, in brief, for rejecting the claim and the claimant may submit an appeal to the Central Government within a period of 45 days of the date of the receipts of the orders rejecting the claim. Rule 6- MEDICAL TREATMENT Rule 6 (1)- A Government servant shall be entitled, free of charge, to treatment- (a) in such Government hospital at or near the place where he falls ill as can in the opinion of the authorised medical attendant provide the necessary and suitable treatment; or (b) if there is no such hospital as is referred to in sub-clause (a) in such hospital other than a Government hospital at or near the place as can in the opinion of the authorised medical attendant, provide the necessary and suitable treatment; Rule 6(2)- Where a Government servant is entitled under sub-rule (1), free of charge, to treatment in a hospital, any...

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