CWP No.20059 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.20059 of 2009 Date of Decision: 06.09.2010 **** Chhote Lal . . . . Petitioner VS. State of Punjab and others . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Tribhawan Singla, Advocate for the petitioner Mr. K.S. Sidhu, DAG Punjab Mr. RK Sharma, Advocate for respondents No.2 to 4 ***** SURYA KANT J. (ORAL) (1). The petitioner is an Assistant Engineer (Civil) in Punjab Urban Development Authority (PUDA). His wife was unfortunately suffering from breast cancer. The petitioner took medical advance of Rs.2,08,0638.13 for the treatment of his wife. Despite surgical operations undergone by the petitioner’s wife, she unfortunately passed away on 25.09.2007 while she was under treatment at Government Rajindera Hospital at Patiala. (2). Thereafter, the Director Health Services, Punjab has accorded sanction for a sum of Rs.1,27,000/- CWP No.20059 of 2009.doc - 2 – towards treatment of the petitioner’s wife but has declined to give sanction for the remaining bills/amount on the plea that during her lifetime no certificate to the effect that she (petitioner’s wife) was suffering from “chronic disease” was issued by respondent No.7. (3). In the peculiar facts and circumstances of the case when the petitioner’s wife is no more alive, the only recourse left with respondent No.7 would be to consider the medical record of the deceased to ascertain the nature of ailment and the treatment taken by her from various Hospitals/Institutes and thereafter verify/certify as to whether or not she was suffering with ‘chronic disease’? (4). Ordered accordingly. (5). Respondent NO.7 shall issue the appropriate certificate within a period of two weeks from the date of receipt of a certified copy of this order. (6). In the light of the abovesaid certificate, respondent No.5 – the Director Health Services, Punjab shall re- consider the sanctioning of the remaining claim of the petitioner. (7). The entire exercise shall be completed within a period of two months. (8). Dasti . CWP No.20059 of 2009.doc - 3 – (SURYA KANT) JUDGE 06.09.2010 vishal shonkar