IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.4627 OF 2008 PRAHALADJI PANDEY, SON OF LATE JANAK PANDEY, RESIDENT OF VILLAGE BELA, POLICE STATION BARIYAPUR, DISTRICT SARAN …PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE COMMERCIAL TAX COMMISSIONER, FINANCE (COMMERCIAL TAX) DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE DEPUTY COMMISSIONER, COMMERCIAL TAX, FINANCE (COMMERCIAL TAX) DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 4. THE ASSISTANT COMMISSIONER, COMMERCIAL TAX, BAGHA CIRCLE, DISTRICT WEST CHAMPARAN 5. THE ASSISTANT COMMISSIONER, COMMERCIAL TAX, HAJIPUR CIRCLE, DISTRICT VAISHALI …………………………………………………………………..RESPONDENTS ******** 2 22/04/2011 The petitioner is a Peon in the Commercial Tax Department. He was admitted in the Indira Gandhi Institute of Cardiology, Patna Medical College, Patna on 29.01.2006 as he had a severe pain in his heart. He remained at the Indira Gandhi Institute of Cardiology, Patna Medical College, Patna for two days and was discharged on 31.01.2006. The prescription indicates that the doctor prescribed certain medicines and discharged him from the hospital. No angiography was advised by the doctors at Indira Gandhi Institute of Cardiology, Patna Medical College, Patna. Feeling unwell, on the very same day, the petitioner got admitted in the Heart Hospital under the care of Dr. A. K. Thakur. After the angiography of his heart, the petitioner was referred for treatment at the Escorts Heart Institute and Research Centre, New Delhi. When the petitioner fell sick on 2 29.01.2006, his son at once informed the authorities that his father was suffering because of a heart problem and that he was admitted at Indira Gandhi Institute of Cardiology, Patna Medical College, Patna. In this background, the petitioner was operated on 05.02.2006 i.e. within a week from the date when he fell sick i.e. 29.01.2006. Counsel for the State has filed a counter affidavit stating therein that the petitioner has not produced the recommendation for treatment outside the State which is required under letter no. 4043 dated 27.09.2006 and letter no. 4877 dated 29.11.2006, as well as the resolution no. 107014 dated 20.05.2006. It has been stated that according to these resolutions and letters, the proposal for treatment outside the State must be recommended by the Head of the Department of Cardiology of a Government Medical College Hospital, or Indira Gandhi Institute of Cardiology, Patna Medical College and Hospital, Patna or the Director, Indira Gandhi Institute of Medical Sciences, Patna. From the facts as narrated above, it is obvious that the petitioner was suffering from a heart problem and he required immediate attention of the doctors. Having been admitted at Indira Gandhi Institute of Cardiology, Patna Medical College, Patna, the doctor 3 there did not think it fit to perform the angiography or for that matter, refer him for her surgery. The petitioner who was still suffering from acute pain, obviously needed to get himself treated and thus, got himself admitted at the Heart Hospital under the care of Dr. A. K. Thakur from where he was referred to Escorts Heart Institute and Research Centre, New Delhi for heart surgery. It is also apparent that the said recommendation was made after an angiography was performed on the petitioner. All these facts indicate that the petitioner’s health was in a precarious condition and needed immediate attention. In the circumstances, it cannot be expected that the petitioner could wait for a recommendation by the Head of the Department of Cardiology of a Government Medical College Hospital, or Indira Gandhi Institute of Cardiology, Patna Medical College and Hospital, Patna or the Director, Indira Gandhi Institute of Medical Sciences, Patna. Obviously, the doctors at Indira Gandhi Institute of Cardiology, Patna Medical College, Patna did not think it fit to recommend a heart surgery and, therefore, discharged him advising him to take certain medicines. Therefore, this Court finds that although there is a Government Circular that the recommendation for treatment outside the State should be made by the Head of the Department of Cardiology of 4 a Government Medical College Hospital, or Indira Gandhi Institute of Cardiology, Patna Medical College and Hospital, Patna or the Director, Indira Gandhi Institute of Medical Sciences, Patna, the Court cannot imagine a situation that in the absence of such a recommendation, a person should be deprived of treatment. It is not in doubt that the petitioner required the heart surgery and, therefore, it was done almost within a period of seven a days from the date on which he was first fell sick. In such case, it would be fit for the respondent no. 2 to make an exception to the resolutions of the State Government and allow the petitioner the benefit of medical reimbursement. I accordingly direct that the petitioner should file an application along with a copy of this order before the respondent no. 2 within a period of four week from today, who will pass an appropriate orders within a period of two months from the date of filing of the application. The payment should be made to the petitioner within a period of three months from the date of final order passed by respondent no. 2. This application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J. )