INDIAN COUNCIL FOR AGRICULTURAL RESEARCH vs PRAMOD NISCHAL

Judgment text excerpt

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 376/2025, CM APPL. 1800/2025 & CM APPL. 1801/2025 INDIAN COUNCIL FOR AGRICULTURAL RESEARCH .....Petitioner Through: Mr. Sanjay Kumar Ghosh, Adv. versus PRAMOD NISCHAL .....Respondent Through: Mr. Asish Nischal, Mr. Arun Nischal and Mr. S. K. Singh, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 20.01.2025 C.HARI SHANKAR, J. 1. The respondent’s mother Shakuntla Sekhri was a Central Government Health Scheme1 beneficiary, whose husband was employed in the Indian Council for Agricultural Research2. He died in harness. Shakuntla Sekhri was in receipt of family pension from ICAR as the widow of her deceased husband. 2. Ms. Shakuntla Sekhri suffered a fracture on her left hip on 1 October 2021. She was taken to Saroj Hospital, Rohini, Delhi, which is admittedly an empanelled CGHS Hospital. She was admitted in 1 CGHS 2 ICAR Signature Not Verified Signed By:MEENU WP(C) 376/2025 Page 1 of 3 KALRA Signing Date:27.01.2025 13:07:31 emergency condition and, on the very next day on 2 October 2021, she was operated for total left Hip Replacement. She was discharged on 5 October 2021. 3. The respondent sought reimbursement of the medical expenses incurred in the replacement surgery undergone by his mother. 4. The petitioner granted reimbursement but only at the CGHS rates. 5. The respondent accordingly approached the Central Administrative Tribunal3 by way of OA 3606/2022, which stands allowed by the Tribunal vide the impugned judgment dated 27 August 2024. The Tribunal has held the respondent to be entitled to reimbursement of the actual expenses incurred in the treatment and surgery of his mother Shakuntla Sekhri. 6. Aggrieved thereby, the petitioner is before this Court. 7. W