CIVIL WRIT PETITION NO. 948 OF 2007 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: May 20, 2008 Parties Name Shanti Devi ..PETITIONER VERSUS State of Haryana and others ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR JUSTICE K. C. PURI PRESENT: Mr. A.K. Bishnoi, Advocate, for the petitioner. Mr. Harish Rathee, Sr. DAG, Haryana; JASBIR SINGH, J. (oral) Order. Petitioner is working as a Hindi Teacher in the Education Department of the State of Haryana. By filing this writ petition, she prays that a writ of mandamus be issued directing the respondents to clear medical re-imbursement bills, submitted by her with regard to treatment of her husbanbd( who was dependent upon her). In response to notice issued by this Court, respondents have filed reply taking an objection that as husband of the petitioner got CIVIL WRIT PETITION NO. 948 OF 2007 -2- treatment from an unrecognised hospital, she is not entitled to get re- imbursement of medical expenses, as claimed by her. Admittedly, husband of the petitioner was dependent upon the petitioner. He was suffering from cancer and due to emergency, he was admitted in Dharamshilla Cancer Hospital and Research Centre, New Delhi, on February 21, 2004 and then again on March 1, 2004. He was operated upon on March 2, 2004. He was discharged from the said Hospital on March 11, 2004. Ultimately he died on July 7, 2005. When the petitioner submitted the bills for re-imbursement of medical expenses, those were returned with an objection that as the medical treatment has been obtained from an unrecognised hospital, she was not entitled to get re-imbursement of the same. Heard. We are of the view that the objection raised is liable to be rejected. It is apparent from the records and as per documents brought on record (R-1), in Delhi, no hospital is recognised for treatment of cancer patients and that only two Hospitals, namely, Tata Memorial Hospital, Bombay, and Cancer Institute Adayar, Madras, are recognised for treatment of blood cancer patients. If that is so, the husband of the petitioner was rightly admitted to the nearby available cancer hospital in Delhi on account of an emergency. It is now well settled that in cases, where patients/ Government employees have taken treatment from an unrecognised Hospital, the medical expenses will be re-imbursed at the rates of All India Institute of Medical Sciences and Post-Graduate Institute of Medical Education and Research at Chandigarh. Counsel for the petitioner has relied upon judgment of this CIVIL WRIT PETITION NO. 948 OF 2007 -3- Court in Dharam Pal v. State of Haryana and others, 2007(4) RSJ 6, wherein while dealing with similar controversy, it was held that even if the patient has got treatment from an unrecognised hospital, the medical expenses will be reimbursed at the rate of AIIMS or PGIMER. In view of facts, mentioned above, this writ petition is allowed and respondents are directed to clear medical bills of the petitioner pertaining to her husband. The petitioner is directed to submit medical bills to the respondents afresh for re-imbursement within two weeks from today and the respondents shall clear the same within six weeks thereafter. ( Jasbir Singh ) Judge ( K. C. Puri ) May 20, 2008. Judge DKC