STATE OF PUNJAB Vs. RAM LUBHAYA BAGGA

JUDGEMENT

(1.) Leave granted.

(2.) In these set of appeals arising out of Special leave petitions, the common question which has come up for consideration is the entitlement towards medical expenses of the Punjab Government employees and pensioners as per the relevant rules and the Government policy. In pith and substance, the scale at which their reimbursement is admissible towards their medical expenses incurred in a non-governmental hospital. It is not a new phenomena, such employees have been and are still raising such issue repeatedly with the change of government policy. With the changing scenario, political, social and financial the policy of reimbursement is not static. In the recent past in spate of petitions dealing with the 1991 policy of the State Government this Court settled this principle in the case of Surjit Singh v. State of Punjab, (1996) 2 SCC 336 and State of Punjab v. Mahinder Singh Chawla, (1997) 2 SCC 83 . Consequent to the effect of the said and other decisions and their resultant impact on the State exchequer and other factors led the State Government to reconsider its old policy of 1991 by making necessary modifications, deletions through order dated 9-9-94 till it was substituted through a new policy dated 13th February, 1995. All the earlier rulings were based on the aforesaid old policy including the clarification dated 8th October, 1991. The same was partially withdrawn on 9th September, 1994 followed by placing the new policy on 13th February, 1995. In short respondents grievance is, the claim which was allowed by this Court earlier when such employees were admitted for heart ailment in Escorts a non-governmental hospital, is now being declined which is in contradiction to the said rulings of this Court.

(3.) In short in SLP (C) No. 13167 respondent is said to have suffered a severe heart attack on 13th March, 1995 and was taken to the Escorts Heart Institute and Research Centre in an emergency. On 27th March he underwent coronary artery bypass graft surgery. Finally he was discharged on 10th April, 1995. The entire expenses incurred for the treatment, surgery, post-operative check up etc. came to Rs. 2,11,758.70. In May, 1996 he has submitted the bill to the government for reimbursement.