IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 5551 of 2004 (O&M) Date of Decision: 24.5.2010. Ramesh Kumar Bansal --Petitioner Versus State of Haryana and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. Surender Dagar, Advocate for the petitioner. Mr. R.S. Kundu, Addl. A.G., Haryana. *** PERMOD KOHLI.J (ORAL) The petitioner is a Haryana Govt. employee. It is stated that he is a patient of chronic heart disease and is undergoing treatment in Fortis Heart and Multi Speciality Hospital, Mohali. He suffered heart attack on 5.9.2003 and was admitted at General Hospital, Sector 6, Panchkula, where he remained admitted up to 8.9.2003. He was referred to Fortis Heart and Multi Speciality Hospital, Mohali for further treatment. The approximate amount assessed by the said hospital was Rs. 2,00,000/-. The petitioner applied for advance. An amount of Rs. 1, 50,000/- was sanctioned in favour of the petitioner vide sanction order dated 15.9.2003. Petitioner was admitted to the Fortis Heart and Multi Speciality Hospital, Mohali, where Angio-plasty was done and he remained admitted from 8.9.2003 to 16.9.2003 as Indoor Patient. An amount of Rs. 1, 08, 440/- was spent on the treatment. It is stated that the petitioner deposited the balance amount of the advance money i.e. Rs. 41, 560/- with the Treasury Office under Challan No. 8 dated 13.11.2003. Petitioner received a demand letter dated 12.1.2004 asking him to deposit the balance amount of Rs. 27, 545/-. The CWP. No. 5551 of 2004 (O&M) -2- grievance of the petitioner is that he is not liable to pay this amount and being a chronic patient all the expenses whether as an Indoor or Outdoor Patient are to be reimbursed by the respondents-State. The petitioner relies upon a judgement of this Court reported as 1998 (4) RSJ 557. It is further stated that the petitioner is again advised for coronary angiography and revascularization with elective dual chamber permanent pacemaker implantatio for which an estimated cost of Rs. 4, 00, 000/- is to be spent. The petitioner has filed this petition impugning letters dated 12.1.2004 and 10.3.2004, whereby the claim of the petitioner for advance of Rs. 4 lacs has not been acceded to. Mr. Kundu, learned Addl. A.G., Haryana submits that the actual amount can be disbursed in terms of State's Policy. However, the petitioner is claiming the estimated expenses. I have heard learned counsel for the parties. The petitioner is entitled to the disbursement of the amount in accordance with the State's policy. Keeping in view the ailment suffered by the petitioner, the respondents are directed to reimburse or even advance the amount as per the policy of the State of Haryana. The petitioner shall furnish all requisite information to the respondents for his claim of reimbursement. Learned counsel for the petitioner submits that he is entitled to the full reimbursement of the amount incurred on the treatment at Fortis Hospital, Mohali. Reliance is placed upon a Division Bench judgement of this Court dated 22.7.2004 passed in CWP No. 19081 of 2003, wherein following observations have been made:- CWP. No. 5551 of 2004 (O&M) -3- “ Having considered the entire matter, we are convinced that the petitioner is entitled to reimbursement of the entire expenses incurred by him in his treatment at Fortis Hospital, Mohali and the decision of the respondents to pay only 75% thereof is legally unsustainable. In the result, the writ petition is allowed. The respondents are directed to pay the balance amount of the claim made by the petitioner. The needful be done within 3 months. If, the amount is not paid to the petitioner, then he shall get interest at the rate of 9% per annum with effect from the date of this order.” In view of the above position, the petitioner shall be reimbursed the amount incurred by him on the treatment at Fortis Hospital, Mohali. Petition disposed of. (PERMOD KOHLI) JUDGE 24.5.2010. lucky