MANNU LAL JANGDE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This writ petition is directed against the order dtd. 03/12/2021 (Annexure P/1) passed by respondent No. 2 by which petitioner's claim for medical reimbursement against the treatment undertaken by him for COVID-19 disease has been declined on the ground that the hospital where the petitioner had undertaken the said treatment is not included within the list of hospitals approved by the Government for the financial year 2021-22.

(2.) It is the case of the petitioner that while working as a Pump Assistant in Municipal Corporation, Bhilai, he developed certain symptoms like breathlessness, cough and cold, chest pain, etc. and when he tested positive for COVID-19 disease, he was referred from Community Health Centre, Kumhari to All India Institute of Medical sciences, Raipur (hereinafter 'AIIMS') wherein he was denied admission on account of non-availability of bed and ultimately, petitioner was forced to take treatment in a duly approved COVID-19 private hospital namely Agrawal Institute of Medical Science wherein he was admitted on 28/03/2021 and discharged on 04/04/2021 and incurred an expense of Rs.1,83,940.00, which he claimed for reimbursement from respondent No. 2 by moving an application, but his application has been rejected stating that Municipal Corporation is not covered with Rule 2(a) of Chhattisgarh Civil Services (Medical Attendance) Rules, 2013 (hereinafter 'the Rules of 2013') and since the petitioner got treated from a private hospital namely Agrawal Institute of Medical Science which is not a hospital earmarked by the Government for the financial year 2021-22, therefore, he is not entitled for medical reimbursement.

(3.) Return has been filed by respondent No. 2 stating inter alia that petitioner underwent treatment for COVID-19 disease from a private hospital namely Agrawal Institute of Medical Science which is not among the list of hospitals approved by the Government for the year 2021-22, therefore, his claim for medical reimbursement has rightly been rejected. Moreover, since Municipal Corporation is not covered by Rule 2(a) of the Rules of 2013, the petitioner, being an employee of Municipal Corporation, is not further not entitled for medical reimbursement.