C.W.P. No. 3948 of 1994 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 3948 of 1994 DATE OF DECISION: December 02, 2009 Malkiat Singh .........PETITIONER(S) VERSUS State of Punjab and Others ......RESPONDENT(S) CORAM: HON'BLE MR. JUSTICE AJAI LAMBA Present: None for the petitioner. Mr. B.S. Chahal, DAG, Punjab. AJAI LAMBA, J. (ORAL) 1. This civil writ petition has been filed under Articles 226 and 227 of the Constitution of India praying for issuance of a writ in the nature of mandamus directing the respondents to reimburse medical expenses. 2. It has been pleaded in the petition that the petitioner retired while serving as XEN in Department of Irrigation, Punjab on 30.06.1991. The petitioner had heart ailment since 1982 and remained under treatment of local Heart Specialist. The petitioner suffered heart attack in 1989. In October 1991, the petitioner got himself examined by Dr. Surjit Singh Sidhu, a Medical Specialist, Civil Hospital, Ludhiana and on the advise of the said Doctor, underwent certain tests. On 14.12.1991, the petitioner was advised specialist consultation/treatment from Escorts Heart Institute and C.W.P. No. 3948 of 1994 2 Research Centre, New Delhi. According to the advise given by Dr. Sidhu, the matter was referred to Civil Surgeon, Ludhiana. On the advise of the Heart Specialist and Head of Cardiology Department in Civil Hospital, Ludhiana, the Civil Surgeon, Ludhiana on 31.12.1991, recommended the case of the petitioner to Director, Health Services and Family Welfare, Punjab and also allowed the petitioner to get treatment from Escorts Heart Institute and Research Centre, New Delhi in anticipation of approval by Director, Health Services and Family Welfare, Punjab, Chandigarh. The document has been placed on record as Annexure P-2. 3. Petitioner was admitted in Escorts Heart Institute and Research Centre, New Delhi on 09.01.1992 for Angiography, which was done on 10.01.1992. In view of the findings, the petitioner was advised immediate heart bypass surgery which was done on 14.01.1992. The petitioner was finally discharged from the hospital on 24.01.1992. It has been asserted in the petition that the petitioner remained hospitalized from 09.01.1992 to 24.01.1992 and had no time to take approval from the Director, Health Services and Family Welfare, Punjab, Chandigarh. 4. It was in March 1992 that the petitioner approached the Director, Health Services and Family Welfare, Punjab for ex-post facto approval for medical reimbursement for open heart bypass surgery. The petitioner subsequently completed all the formalities required by the authorities. The Medical Board, in its meeting held on 19.10.1992, gave ex- post facto approval to the petitioner for undergoing open heart bypass surgery, however, recommended medical reimbursement of the expenses at the rate admissible in All India Institute of Medical Sciences (AIIMS), New C.W.P. No. 3948 of 1994 3 Delhi. Document has been placed on record as Annexure P-5. The petitioner made representation vide Annexure P-6 for getting the entire reimbursement. Another representation was moved vide Annexure P-7. 5. Learned counsel for the respondent contends that as per the policy that was effective at that point in time the reimbursement on account of diet, stay of attendant and stay of patient in hotel/hospital was not allowed. The stand taken in the written statement further is that the case of the petitioner is under consideration. Written statement was filed on 05.07.1994. Learned counsel for the respondent contends that there has been a later development in so much as payment of Rs. 65,600/- has already been made to Sh. Malkiat Singh on 20.09.1994. The petitioner has executed a receipt in lieu of receipt of payment. 6. The policy has not been challenged in the writ petition. It has been asserted that in terms of the policy, the entire payment has been made though the claim is for a higher amount i.e. Rs. 1,15,316/-. As per Annexure P-5, the Medical Board had given the approval post facto and allowed reimbursement at the rate admissible in All India Institute of Medical Sciences (AIIMS), New Delhi. It has been asserted on behalf of the respondents that the medical reimbursement at the rate admissible at All India Institute of Medical Sciences (AIIMS), New Delhi has already been made. 7. I find that policy under which case of the petitioner has been dealt with is not under challenge. The respondents have asserted that medical reimbursement as admissible at All India Institute of Medical Sciences (AIIMS), New Delhi rates has already been made. This fact has C.W.P. No. 3948 of 1994 4 not been controverted by way of filing replication. In such circumstances, petitioner has not been able to disclose any reason for this Court to invoke extra ordinary writ jurisdiction. Petition is accordingly dismissed. 8. No costs. 02.12.2009 (AJAI LAMBA) shivani JUDGE 1. To be referred to the reporters or not? 2. Whether the judgment should be reported in the Digest?