IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 808 of 2010 Date of Decision: 21.4.2010. Jai Narain --Petitioner Versus State of Haryana and another --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. Ajay Chaudhary, Advocate for the petitioner. Mr. R.K.S. Brar, Addl. A.G., Haryana. *** PERMOD KOHLI.J (ORAL) The petitioner was serving as a Clerk in the State of Haryana. He retired from service as Office Superintendent on 31.3.1999 on attaining the age of superannuation. Under the Govt. Policy dated 30.11.1993 medical expenses are reimbursed to even retired Govt. employees. The petitioner was suffering from heart ailment. He has undergone the bye pass surgery. On account of sudden problem, petitioner was taken to Silver Oaks Hospital, Mohali on 17.4.2009. After initial treatment, he was shifted to Fortis Hospital, Mohali, where surgery was performed upon the petitioner on 25.4.2009. Petitioner was discharged on 28.4.2009. It is stated that the petitioner has incurred an amount of Rs. 80, 210.76 for his surgery. The bills were submitted for reimbursement, however, the respondents have rejected the same vide the impugned letter dated 2.12.2009 on the ground that the treatment was not taken under emergency. The same stand is reiterated in the reply filed. It is, however, admitted that the Govt. employees are entitled to reimbursement at P.G.I./AIIMS rates. I have heard learned counsel for the parties. CWP. No. 808 of 2010 -2- The claim of the petitioner for medical reimbursement has been rejected only on the ground that the treatment was not taken under emergency, whereas the petitioner has specifically mentioned that it was on account of emergency that the petitioner took admission in Silver Oak Hospital, Mohali and then shifted to Fortis Hospital, Mohali. Right of a retired Govt. employee for medical reimbursement is not disputed under the Govt. Policy. It is also admitted position that even if the treatment is obtained in a private hospital the reimbursement is to be made at P.G.I/AIIMS rates. The respondents cannot deny the claim on flimsy grounds of taking treatment without emergency. Heart ailment is a serious ailment and normally it is deemed to be an urgency. The respondents can only restrict the reimbursement at the P.G.I/AIIMS rates but cannot deny the claim in toto. This petition is, accordingly, allowed. Respondents are directed to settle the medical claim of the petitioner for reimbursement at P.G.I/AIIMS rates within a period of four weeks from the date certified copy of this order is served upon the competent authority. (PERMOD KOHLI) JUDGE 21.4.2010. lucky