SANJEEV KUMAR THAKUR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This writ petition is directed against order dtd. 03/06/2020 (Annexure P/6) by which the Superintendent of Police, Mungeli has rejected petitioner's claim for medical reimbursement to the tune of Rs.6,20,938.00 on the ground that North Bengal Clinic Hospital Siligudi (West Bengal), wherein the petitioner was treated, is not one of the hospitals recognized by the Chhattisgarh State Government as per its notification dtd. 30/05/2019 (Annexure R/1).

(2.) It is the case of the petitioner that while working as Sub-Inspector in the C.R.P.F. Camp Konda, Sawli, he suffered from Falciparum Malaria and upon recovery, he went on a vacation along with his family to Siligudi (West Bengal) whereupon he suffered from the same disease and on account of medical emergency, he was admitted in the ICU ward at North Bengal Clinic Hospital Siligudi (West Bengal) on 02/06/2019 and he remained hospitalized for 18 days out of which he was absolutely unconscious for 8 days. After becoming slightly well, the petitioner was discharged from the said hospital and after returning back to Bilaspur immediately, he was then hospitalized at KIMS Hospital, Bilaspur. The medical expenses incurred by the petitioner at North Bengal Clinic Hospital Siligudi (West Bengal) amounts to Rs.6,20,938.00 and the expenses incurred at KIMS Hospital, Bilaspur amounts to Rs.1,30,375.00. The petitioner claimed for reimbursement of the aforesaid medical bills and while the expense incurred by him at KIMS Hospital, Bilaspur has been reimbursed, but the expense incurred by him at North Bengal Clinic Hospital Siligudi (West Bengal) has not been reimbursed on the ground that KIMS Hospital, Bilaspur is a recognized hospital by the State Government whereas the North Bengal Clinic Hospital Siligudi (West Bengal) is not a recognized hospital by the State Government as per its notification dtd. 30/05/2019 (Annexure R/1).

(3.) Petitioner has challenged the order dtd. 03/06/2020 (Annexure P/6) on the ground that since he suffered from medical emergency on account of which he immediately required treatment, he was admitted to North Bengal Clinic Hospital Siligudi (West Bengal) wherein he underwent treatment for 18 days in the ICU ward out of which he also remained unconscious for 8 days. Though the said hospital is not one of the hospitals recognized by the State Government for the purpose of reimbursement of medical bill, but since it is a case of medical emergency, therefore, as per Rule 5(1) of Chhattisgarh Police Services (Special Medical Attendance) Rules, 2009 (for short, "the Rules of 2009"), petitioner would be entitled for reimbursement by the State Government/competent authority and as such, the impugned order (Annexure P/6) is liable to be set aside.