A. Chelladurai vs The Registrar

The request made by the petitioner to reimburse a sum of Rs.1,61,720/- was negatived by Bharat Sanchar Nigam Limited (hereinafter referred to as "BSNL"). The said order was upheld by the Central Administrative Tribunal, Madras Bench. The order dated 6 March 2014 in O.A.No. 1184 of 2012 is challenged in this writ petition.

The petitioner after working as Sub Divisional Engineer, BSNL retired from service on attaining the age of superannuation on 31 March 2012. While working in BSNL, the petitioner was diagnosed with Prostatic Cancer. He was advised to undergo Robotic Assisted Radical Prostectomy Procedure (Operation) at the earliest. The petitioner initially consulted a Medical Officer at Global Hospital. Since there was no facility to conduct Robatic Assisted Radical Prostectomy at Chennai he was taken to Manipal Hospital at Bangalore. The petitioner paid a sum Rs.2,61,720/- towards hospital charges in connection with the surgery. Since his son had taken group insurance scheme, the petitioner got a sum of Rs.1 lakh. The petitioner submitted an application to the third respondent requesting to sanction the balance sum of Rs.1,61,720/-. The request was negatived on the ground that there are facilities in Chennai to conduct such operation and as such it is not possible to pay the amount.

The third respondent sanctioned only a sum of Rs.17,500/-. The petitioner challenged the order dated 24 November 2011 before the Central Administrative Tribunal. The Tribunal found that there are two hospitals namely, Apollo Hospital and R.G. Stone Hospital, Chennai approved by BSNL. According to the Tribunal, the petitioner was not justified in taking treatment from another hospital situated in the State of Karnataka, when there are approved hospitals in the State of Tamil Nadu. The Tribunal rejected the contentions taken by the petitioner with regard to reimbursement. The said order is challenged in this writ petition.

The learned counsel for the petitioner by placing reliance on the letter dated 20 November 2011 issued by Global Hospital, Chennai contended that Senior Consultant, Global Hospital opined that the petitioner required Robatic Radical Prostatectomy Surgery and the said facility is not available at Chennai. According to the learned counsel, the petitioner has taken treatment at Manipal Hospital, Bangalore only on account of the absence of such facility at Chennai.

When it is made out that there are two hospitals in the City of Chennai to perform such surgery, the petitioner was not justified in taking treatment elsewhere and making a claim for reimbursement. It is not open to the petitioner to select hospital of his choice for the purpose of treatment. It is not as if similar facilities are not available at Chennai. BSNL in its communication very clearly stated that similar treatment is available at Apollo Hospital and R.G. Stone Hospital, Chennai. The petitioner was therefore not correct in proceeding to Bangalore for the purpose of undergoing surgery. This aspect was correctly analysed by the Central Administrative Tribunal. We do not find any error or illegality in the said order warranting interference by exercising the power of judicial review.

In the upshot. we dismiss the writ petition. Consequently, the connected MP is closed. No costs.