PLEASE HELP ME

Querist : Anonymous (Querist) 05 November 2009 This query is : Resolved
I have the Query on the following:

If any individual is working in an Hospital and is the beneficiary of the health service scheme but his parents don’t fall under such scheme as the parental income is not less than 3000 p.m as per the pension scheme in order to claim full reimbursement. One of his parent acquired the dreadful disease i.e Cancer and the cost of treatment for the same is very expensive(in lacs for chemotherapy and other investigations) ..Such individual made the representation to head of the hospital to provide relaxation in ceiling limits in order to provide coverage to his one parent but the head of the hospital refused to entertain his request with the remarks that “the same cannot be accede to”

Please inform whether the such individual can file the application in the court of law against the wrong use of discretionary power against the head of the hospital?

Please inform whether the suit is maintainable in the Hon’ble CAT or High Court having the jurisdiction??

Waiting for your reply at earliest

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adv. rajeev ( rajoo ) (Expert) 05 November 2009
depends on the rules and regulations.

Arul Kumar (Expert) 05 November 2009
It is the policy matter of the Hospital. One cannot challange such kind of beneficial schemes made available to the staffs, on the ground of discrimination. Better you try other means available for financing the treatment.

Raj Kumar Makkad (Expert) 05 November 2009
No discretion power vests with the head of hospital as per facts stated by you and no discrimination even made with him so no legal claim to file any application or civil suit against hospital arises in his favour

Binod Kumar Mishra (Expert) 05 November 2009
Dear Friend,

Rules can not be made according to suitability of individual. the Hospital is right in saying and any case will fall short before any court of law in india.

Sachin Bhatia (Expert) 11 November 2009
It depends on the rules and regulations of the hospital.

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