Dismissed

Akhil Dilli Prathmik Shikshak Sangh Regd & Anr. v. Govt.of N.C.T.Delhi & Ors.

Delhi HC11 Sept 2024W.P.(C)/8846/2020

Case brief

AI extract

What is this about?

This brief order disposed of a writ petition seeking cashless medical services for retired MCD employees. The court observed that MCD had placed Circular 2007 and an affidavit detailing the scheme on record, with no rebuttal. The Minor Agra District Court in Punjab, India, is located at Jalandhar. The court is the High Court of Delhi. This bond was signed on September 11, 2024, by the Acting Chief Justice.

What the court decided

AI extract

Akhil Dilli Prathmik Shikshak Sangh Regd & Anr… — Public Procurement and Tenders | Delhi HC (2024)

¶1

$~18

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- W.P.(C) 8846/2020

¶4

AKHIL DILLI PRATHMIK SHIKSHAK SANGH REGD & ANR. .....Petitioners Through: Mr. Ranjit Sharma, Advocate.

¶5

versus

¶6

GOVT.OF N.C.T.DELHI & ORS. .....Respondents Through: Ms. Jagrati Singh, SC, MCD with Mr. Suredner Kumar and Rajpal, Advocates for MCD.

¶7

CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

¶8

¶9

O R D E R 11.09.2024

¶10

Present writ petition has been filed seeking a direction to the respondents to provide cashless medical services to retired teachers/employees of MCD and to further reimburse the pending bills of the retired/employees on account of medical treatment.

¶11

The MCD has placed on record a Circular dated 14^th August, 2007 pertaining to revised medical facility for Municipal Employees members of “Medical Facility to Municipal Pensioners & Family Pensioners” Health Scheme. The relevant portion of the said circular reads as under:

¶12

Credit facility indicates the medical facility extended by private recognized hospitals to the beneficiaries without charging. The bills

¶13

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/09/2024 at 12:27:22

¶14

raised towards treatment of the beneficiary shall be claimed by the hospital directly from the Municipal Corporation of Delhi. Therefore the beneficiary will have the privilege to undergo necessary treatment through a cashless transaction. In the earlier scheme no credit facility was being provided by the recognized hospital to the beneficiary. With rising cost of treatment, the pensioners/ family pensioners are constrained to receive quality treatment even in recognized hospitals, as they have limited resources and being senior citizens are unable to pursue their medical reimbursement claims. Hence it was felt:

¶15

 Credit facility will be extended only to Municipal Pensioners/ Family pensioners and their dependents in recognized Private hospitals that have entered into agreement for providing such facility. List of hospitals is annexed as Annexure A.

¶16

 Credit facility will not be extended to serving Municipal Employees. Serving Municipal employees can draw advance for major treatments as per CS (MA) rules.

¶17

 However, all charges reimbursed/ extended through credit facility will be strictly as per prevailing CGHS approved rates

¶18

 The agreement on credit facility shall pertain to only private recognized hospitals and not diagnostic centres…. ”

¶19

During the pendency of the present petition, the MCD has filed a short affidavit dated 20^th February, 2024 wherein the procedure with regard to cashless medical scheme has been explained as under:

¶20

“....4. With regard to the procedure involved in the cashless Medical Scheme and process of claim intimation to claim settlement it is submitted as under:-

¶21

a. As per terms of agreement, private panel health institutions are supposed to provide cashless indoor medical facilities to beneficiaries of 'Municipal Pensioners Health Scheme' on production of valid medical Identity Card and printed/Serial referral slip for cashless transactions. In case of emergencies, referral slips to be furnished in the health unit within two working days. Copy of circular dated 14.08.2007 in this regard is also annexed as ANNEXURE- R-l.

¶22

b. All such cashless claims are submitted by panel health institution on 'Medical Cell' situated at HQ of MCD. Wherein, these claims are scrutinized and processed for sanction from competent authority concerned e.g. Dy. DHA (P), Addl. DHA (P), DHA, Addl. Comm. (H). c. After sanction from concerned competent authority, the claims are sent

¶23

This is a digitally signed order.

¶24

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/09/2024 at 12:27:22

¶25

to accounts office (H&P)by CMO (HQ)/ DDO.

¶26

d. Accounts Office (H&P) exammes the claims and cleared claims are sent to account office (HQ) MCD for release of requisite payment. e. Payment so released by accounts office (HQ)MCD is paid by CMO (HQ)/ DDO to concerned private health unit through RTGS. Copy of agreement with panel Hospitals is annexed as ANNEXURE - R-2 ….. ”

¶27

The MCD has also placed a Certificate dated 12^th July, 2023 on record

¶28

which reads as under:

¶29

It is certified that Municipal Corporation of Delhi has made payment of Rs. 103337052/- (Rupees ten crore thirty thee lakh thirty seven thousand fifty two only) against cashless medical facilities based on the bills received in the department after removal of objections, if any from Joint Medical Cell after unification of three Corporations. ”

¶30

In view of the aforesaid documents placed on record to which there is no rebuttal, the present petition is closed.

¶31

The respondent/MCD is directed to ensure implementation and compliance of its Circular dated 14^th August, 2007 and affidavit dated 20^th February, 2024.

¶32

ACTING CHIEF JUSTICE

¶33

TUSHAR RAO GEDELA, J

¶34

SEPTEMBER 11, 2024/ ssc

¶35

Akhil Dilli Prathmik Shikshak Sangh Regd & Anr. v. Govt.of N.C.T.Delhi & Ors.

Case brief

What is this about?

What the court decided

Akhil Dilli Prathmik Shikshak Sangh Regd & Anr. v. Govt.of N.C.T.Delhi & Ors.

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Suyasha Sharma Vs National Board of Examinations in Medical Sciences & Ors.

DDA Vs Vaibhav Malik & Ors.

Kamal Kumar and Ors. Vs Union of India and Ors.

Gurudwara Shree Guru Singh Sabha through Its President Sh. G. S. Chhatwal Vs Municipal Corporation of Delhi & Ors.

Omkar Gupta Vs Municipal Corporation of Delhi and Others

Dinmani Sharma Vs Principal District and Sessions Judge & Ors.

Harsh Patuna & Ors. Vs National Capital Territory of Delhi & Anr.

Dr. Saiqa Ikram Vs Jamia Millia Islamia and Ors.

Badrivas Biotech Pvt. Ltd. Vs Union of India

Sidman Industries Vs Union of India and Ors.

Biogenetic Drugs Pvt. Ltd. Vs Union of India & Anr.

M/S Krystal Integrated Services Pvt. Ltd. Vs Union of India & Anr.

Veer Services and Facility Management Private Limited and Ors. Vs Govt of NCT of Delhi and Ors.

Sh Mukesh Kumar Vs Municipal Corporation of Delhi & Ors.