HEMANT KUMAR vs FOOD CORPORATION OF INDIA AND ORS.

Judgment text excerpt

$~P-2 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on: 30.05.2025 + W.P.(C) 1200/2018 HEMANT KUMAR .....Petitioner Through: Ms. S. Janani, Senior Advocate with Mr. Nishant Kumar, Advocate. versus FOOD CORPORATION OF INDIA AND ORS. .....Respondents Through: Mr. Rishi K. Awasthi and Mr. Rahul Raj Mishra, Advocates. Mr. Ripudaman Bhardwaj, CGSC with M. Kushagra Kumar, Mr. Abhinav Bhardwaj, Mr. Amit Kumar Rana, and Mr. Manpreet Manchanda, Advocates for UOI. CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN JUDGMENT 1. By way of this writ petition under Article 226 of the Constitution, the petitioner, an employee of the respondent – Food Corporation of India [“FCI”], challenges a circular of FCI dated 09.02.2015, to the extent that a ceiling rate was set for reimbursement in respect of liver transplants. He also seeks directions upon FCI to release to him, the balance amount spent towards a liver transplant surgery. 2. The petitioner has been employed by FCI since 1992 and has been serving as an auxiliary worker at its Mayapuri Depot. Signature Not Verified Signed By:PARUL W.P.(C) 1200/2018 Page 1 of 12 VASHIST Signing Date:30.05.2025 17:38:02 3. The dispute in this petition concerns a liver transplant operation, which he was compelled to undergo on 16.02.2016, having been diagnosed with chronic liver disease. The controversy, in brief, is that the petitioner was admitted to Medanta, The Medicity Hospital, Gurgaon [“Medanta”], and was advised to undergo the transplant urgently. Medanta was not then empaneled by FCI for liver transplant surgery. The petitioner consequently sought approval to undergo the surgery at Medanta. However, before the approval was granted, his situation deteriorated, and he had to undergo the surgery on an emergency basis on 16.02.2016. The approval was s