CWP No. 13293 of 1993 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CWP No. 13293 of 1993 Date of Decision : 9.12.2009 Sarwan Kumar Gupta .......... Petitioner Versus State of Punjab & others ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. Saurabh Arora, Advocate for the petitioner. Mr. Anuj Raura, Advocate. Mr. R.L. Gupta, Addl. A.G. Punjab. **** VINOD K. SHARMA, J. (ORAL) The petitioner while working as Health Superintendent in Municipal Corporation, Jalandhar suffered severe pain and congestion in the chest on 28.1.1993. As the pain and congestion was in the chest he was taken to Civil Hospital, Jalandhar, where he was diagnosed to be a case of heart trouble. It is the case of the petitioner that there were no medical facilities available with the Civil Hospital for severe heart trouble. The advice given by the Civil Surgeon, Jalandhar for treatment at Heart Institute, has been attached as Annexure P-1. The petitioner being a case of emergency was taken to Escort heart Institute, New Delhi on 30.1.1993, where he underwent angiography. CWP No. 13293 of 1993 2 The petitioner was thereafter prescribed medicines. The medical report of the petitioner showed that he was having multiple blockades in whole of the heart. There was 100% blockage in one artery of the heart, 99%, 30%, 70% and 85% in other arteries of the heart. Keeping in view the medical condition, the petitioner underwent bye-pass surgery on 13.2.1993, which was successful and he was discharged on 3.3.1993. The petitioner remained admitted thereafter in the hospital for post operation treatment. On return to his job, the petitioner submitted his medical reimbursement claim on 2.4.1993 with the Corporation. It is the case of the petitioner that, Escorts Heart Institute was one of the approved hospitals for undertaking bye-pass surgery, as per the circular No. 7/7185-5HBV/34001 dated 8.10.1991. The claim of the petitioner for reimbursement of the medical bills was duly recommended by the Accounts Branch of the department and thereafter in spite of number of representations the petitioner was not reimbursed the amount claimed without assigning any reason. The petitioner having been left with no other alternative approached this Court seeking writ of mandamus for reimbursement of bill, which was admissible to him under the Service Rules. The written statement has been filed, wherein the claim was opposed on the plea that the bill was submitted by the petitioner without recommendation of the Chief Medical Officer, Jalandhar and Director, Health & Family Welfare, Punjab, as per the Government instructions. It was also averred in the written statement that certain formalities were CWP No. 13293 of 1993 3 required to be completed, which the petitioner did not complete. However, a positive stand was taken in the written statement that the claim of the petitioner is under consideration. Reading of the written statement shows that claim of the petitioner is not disputed with regard to the eligibility. The only plea raised is that certain formalities have not been completed, without disclosing as to which is the formality. The Hon’ble Division Bench of this Court in Kultar Singh Virk Vs. State of Punjab, 1997(3) SCT 360 has been pleased to lay down as under :- “4. Admittedly, the petitioner had submitted the bill for reimbursement on January 23, 1996. A period of more than a year has elapsed since then. No reason whatsoever has been disclosed for the delay in settling the bill. Still further, as observed by the Apex Court in State of Punjab v. Mohinder Singh Chawla, JT 1997(1) SC 416 : 1997(1) SCT 716(SC), the right to health is an integral part of the right to life. The Government is under an obligation to provide adequate facilities and to reimburse the expenses incurred by a serving or retired civil servant for treatment. This matter has been considered in detail by a Division Bench of this Court in Ram Lubhaya Bagga v. Punjab State etc. Civil Writ Petition No. 13872 of 1996, which was decided on March 21, 1997. It was held that the instructions issued by the Government by which it was directed that reimbursement of expenses shall be at the rates which are prevalent in the All India Institute of CWP No. 13293 of 1993 4 Medical Sciences, were held to be illegal. In view of these decisions, counsel for the respondents was not able to controvert the petitioner’s claim. 5. Resultantly, the writ petition is allowed. It is directed that the amount of Rs. 1,54,137,11 shall be paid to the petitioner within one month from the date of receipt of a copy of this order. In case of default, the petitioner shall be entitled to the payment within interest @ 12% per annum from the date of default to the date of payment. However, the petitioner’s claim for interest on account of delay is declined in view of the decision of the Supreme Court in Om Parkash Garg V. State of Punjab, JT 1996(1) SC 36. No costs.” The Hon’ble Division Bench of this Court again in Ranbir Singh Kundu Vs. Haryana State Agricultural Marketing Board, Panchkula, and others, 2008(2) SCT 314 has been pleased to lay down that the provision of the medical reimbursement is beneficial act of the welfare State for its employees and such provision has to be construed liberally in favour of the employees. Once it is admitted that the claim of the petitioner was duly recommended by the competent authority it was for the Civil Surgeon and Director Health Services to accord the necessary sanction and merely on inaction on their part for grant of necessary permission, the petitioner, who is otherwise eligible to reimbursement, cannot be allowed to suffer. For the reasons stated above, this writ petition is allowed. The writ of mandamus is issued to the respondents to release the medical reimbursement as per PGI rates, duly submitted by the petitioner, along with CWP No. 13293 of 1993 5 interest @ 6% per annum from the date of submission of bill till payment. The amount be paid within two months from the date of receipt of certified copy of this order. 9.12.2009 ( VINOD K. SHARMA ) 'sp' JUDGE