Court No. - 21
Case :- WRIT - C No. - 10820 of 2018 Petitioner :- Muhammad Mustafa Respondent :- Union Of India And 05 Others Counsel for Petitioner :- Kshitij Shailendra Counsel for Respondent :- A.S.G.I.
Hon'ble Krishna Murari,J. Hon'ble Ajay Bhanot,J.
Heard learned counsel for the petitioner and Shri Tejshvi Mishra holding brief of Shri S. M. Mishra, who has put in appearance on behalf of respondent.
The petitioner who is an ex-serviceman, was suffering from heart aliment which was diagnosed Triple Vessel Disease and CAG was done on 2111.2017 at Max Smart Super Speciality Hospital where he was advised AICD Dual Chamber Implantation. The implantation needed approval of the army authority. When nothing was done in the matter, he approached this Court by filing Writ-A No. 5857 of 2018, which was disposed of vide judgment and order dated 16.2.2018 by passing following orders:
"In view of the above, we are of the opinion that it in the fitness of the things that the petitioner may attend the AHRR Institute and get himself medically examined and obtain an opinion with regard to the necessity of AICD Dual Chamber Implantation. Once the above procedure is completed the petitioner may move to the Brigadier, Commandant SEMO AFC New Delhi for granting approval for the chamber implantation, if necessary.
The above exercise may be completed within next two weeks. The writ petition is disposed of accordingly."
In compliance of the aforesaid order, the petitioner consulted AHRR Institute where he was medically examined and an opinion was given that he needs transplantation of AICD Dual Chamber. After the above procedure was completed petitioner in compliance of the order again applied to Brigadier, Commandant SEMO AFC, New Delhi for seeking approval. The required approval was granted on 27.2.2018. However, thereafter when the petitioner went to Max Smart Super Speciality Hospital for the purpose of implantation, he was told that the contract with the army has come to an end and therefore, they cannot take up the patient for the advised implantation.
Learned counsel for the petitioner submits that thereafter the petitioner has been running from pillar to post and though there are other hospitals empanelled with the army where this procedure for implantation can be undertaken but necessary orders are not being passed.
Considering the facts, we dispose of the writ petition by directing that petitioner may approach respondent No. 5- Officer-Incharge, ECHS Parent Polyclinic, Air Force Station, Sarsawa, Saharanpur, U.P., alongwith an application who on receiving thereof shall pass suitable orders for necessary implantation to be carried out from any of the hospital governed under the aforesaid scheme having the speciality to carry out the implantation within a period of one week from the date of receipt of certified copy of this order.
Order Date :- 28.3.2018 Ravi Prakash