DEVINDAR SINGH SHERGIL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Application for impleadment is allowed.

(2.) Leave granted.

(3.) The appellant, a retired government official, went to the United kingdom for kidney operation without getting prior approval of the Punjab government, on being informed by the PGI, Chandigarh that no accommodation was available at the relevant time. The necessity for immediately leaving for U. K. arose because of the malignant growth in the kidney. On return from U. K. after undergoing the operation, the appellant filed a claim for reimbursement to the extent of 6673 pounds (equivalent to indian Rs 3,73,174. 00 being the amount spent by him for his treatment in U. K. The claim of the appellant was examined by the Medical Board but it was rejected. The government sanctioned a sum of Rs 20,000. 00 only towards the medical expenditure calculating it on the basis of the rates prevalent in the postgraduate Institute of Medical Sciences, Chandigarh. The writ petition filed by the appellant for claiming full reimbursement was dismissed by the high court on 20/9/1995 on the ground that the case "involved disputed questions of fact". By special leave, this appeal has been filed.