CIVIL WRIT PETITION NO. 15448 OF 2007 -1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: May 06, 2008 Parties Name Suraj Bhan ..PETITIONER VERSUS State of Haryana and others ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR JUSTICE K. C. PURI PRESENT: Mr. J.V. Yadav, Advocate, for the petitioner. Mr. Harish Rathee, Sr. D.A.G., Haryana; JASBIR SINGH, J. (oral) Order. Petitioner is a retired Government servant. He had gone to Ludhiana on February 16, 2005, where he felt acute pain in his kidney and blood started coming out with urine. He was taken to a reputed hospital of the region, i.e., Christian Medical College and Hospital at Ludhiana. His disease was found to be a case of renal failure. He was admitted in the hospital on February 16, 2005, operated upon and thereafter he was discharged on February 24, 2005. Petitioner was again admitted in the hospital on February 28, 2005, and was discharged on March 3, 2005. After getting the medical treatment, petitioner submitted his medical bills for re- imbursement. He also put on record certificate, issued by the Civil Surgeon, Jind, dated June 21, 2005 (P-4) stating that he was suffering from CRF, CIVIL WRIT PETITION NO. 15448 OF 2007 -2 which was a chronic disease. Vide letter dated August 20, 2007, (P-5), respondent No. 1 returned the medical bills, in original, to the District Education Officer, Panchkula, with the following observations: “Medical bills of Sh. Suraj Bhan, Retd. Principal, GSSS Mallah (Panchkula) are returned in original with the request that its emergency may be got verified from Civil Surgeon, Jind and justification for treatment from private hospital be also got made clear.” Thereafter, it appears that his medical bills were sent to the Principal of Government Senior Secondary School, Mallah, where the petitioner was earlier working, who sent those medical bills to the petitioner to remove the objections as found mentioned in letter Annexure P-5. It is how the petitioner came to this Court. In response to notice issued, reply has been filed, wherein it has been stated that as the petitioner has failed to state reasons for taking treatent from an unrecognised hospital, he was not entitled to get re- imbursement of his medical bills. It was further said that the petitioner has not removed the objections, raised on the medical bills. Counsel for the parties heard. It is not in dispute that the petitioner is a retired Government employee and is entitled to get re-imbursement of medical expenses, incurred by him. Only objection of the respondents is that the petitioner has got treatment from a hospital, which was not recognised, as such he is not entitled to get re-imbursement claimed by him. We are of the view that the objection taken is frivolous , rather uncalled for. In a number of judgments, CIVIL WRIT PETITION NO. 15448 OF 2007 -3 this Court has held that in case of emergency, if a Government employee gets treatment from any unrecognised hospital, the respondent – State is bound to re-imburse the medical expenses at the rates, applicable in All India Institute of Medical Sciences , New Delhi or Post Graduate Institute of Medical Education and Research at Chandigarh. Despite clear law on the subject, unnecessary objection was raised by the respondents. We are of the opinion that by doing so, the authorities concerned are harassing the poor Government employees. Similar controversy came up before this Court in Civil Writ Petition No. 11047 of 2000 (Amina Kundu v. State of Haryana and others), decided on February 15, 2001 (P-7), wherein it was observed thus: “It is the common case of the parties that the husband of the petitioner was actually a Government employee and as per the rules, the deceased was entitled to the medical re-imbursement . To get a treatment of particular disease, is always a matter of trust between the patient and the doctor. The Government has its limitations. It can prescribe that the treatment must be taken from the recognised institutions but emergency can always arise when the patient was not in a position to go to a particular institution which has been recognised by the Government. In such situation, if the person has got the treatment from a different institution other than the recognised one, he can only take the benefit of the medical re-imbursement to the extent of the rates which are applicable to the Government institutions. To supplement my view I draw support from 1996(4) SLR 177, Waryam Singh vs. State of Punjab and others. CIVIL WRIT PETITION NO. 15448 OF 2007 -4 6. In this view of the matter, I allow this writ petition and give the directions to the respondent – authorities to re-imburse the medical claim of the husband of the petitioner, as per the rates as applicable in All India Institute of Medical Sciences, New Delhi or P.G.I., Chandigarh, which ever is less, within a period of three months from the date of the receipt of the copy of this order, failing which the petitioner shall be entitled to get interest at the rate of 12% from the respondent. No order as to costs.” Similar is the ratio of the judgment in Civil Writ Petition No. 11530 of 2000 (P.C.Chaudhary vs. State of Haryana and others), rendered on November 9, 2000 (P-6). Above said judgments are based upon ratio of the judgment of a Division Bench of this Court in Som Nath Kapoor v. State of Haryana, 1996(4) R.S.J. 646. Despite clear law, objection has wrongly been raised on the medical bills , submitted by the petitioner. It is proved on record that the petitioner was suffering from a chronic disease. When he went to meet his relatives at Ludhiana, some complication developed. He was taken to the reputed hospital at Ludhiana and his disease was detected as a renal failure, which needed immediate attention, otherwise, health of the petitioner might have deteriorated and gone beyond recovery. In view of facts of this case and the ratio of the judgments, cited above, we allow this writ petition and direct the petitioner to send his medical bills to the respondents for re-imbursement. Along with bills, he will also furnish his affidavit stating the reasons for emergency treatment in CIVIL WRIT PETITION NO. 15448 OF 2007 -5 an unrecognised hospital. The respondents are directed to clear the medical bills within a period of six weeks from the date of submission of the same, failing which, the petitioner shall be entitled to get interest at the rate of 7% per annum (simple) on the amount due till its realisation. ( Jasbir Singh ) Judge ( K. C. Puri ) May 06, 2008. Judge DKC