M L KAMRA Vs. LT GOVERNOR

JUDGEMENT

(1.) By this Letters Patent Appeal the appellant challenges the order of the learned Single Judge dated May 1, 2002 in Civil Writ Petition No. 6717/99. By that order the learned Single Judge declined to issue direction to the respondents to reimburse the medical claim of the appellant in connection with his coronary bypass surgery at Indraprastha Apollo Hospital, New Delhi, and consequently dismissed the writ petition. The facts leading to the appeal are as follows:

(2.) The appellant is employed as a Trained Graduate Teacher in the senior scale at Dau Dayal Arya Vedic Senior Secondary School, Naya Bans, Delhi. The school is an aided school within the meaning of Delhi School Education Act, 1973. On September 17, 1996, the appellant was diagnosed by the G.B. Pant Hospital, Department of Cardiology, New Delhi, as a case of tripple vessel disease (TVD). After the test, on September 19, 1996 he was discharged from the G.B.Pant Hospital as his condition was found to be stable. The discharge summary of the appellant prepared by the hospital, inter alia, revealed as follows-

(3.) As per the investigation report of the aforesaid hospital, early surgical revescularisation was recommended. It is claimed in the writ petition that after a fortnight of his check up at G.P. Pant Hospital the condition of the appellant deteriorated which necessitated a detailed medical check up. He is stated to have been examined by one Dr. M.B. Gupta on October 5, 1996, and Dr. R.C. Bhatia of Swami Dayanand Hospital, Shahdara, Delhi, on October 9, 1996. According to the appellant, Dr. Bhatia advised immediate coronary bypass surgery. The appellant is stated to have made an attempt for seeking an early date for his operation at the All India Institute of Medical Sciences (AIIMS), but he did not succeed. On October 14, 1996, he was rushed to Indraprastha Apollo Hospital by his relatives. The doctors at the Indraprastha Apollo Hospital admitted the appellant as an indoor patient on October 14,1996 as it was found that he needed an early surgery for his ailment. On October 17, 1996 the appellant was operated upon at the Indraprastha Apollo Hospital for coronary artery bypass grafting. After the operation the appellant was kept in the aforesaid hospital for post operative care for about eight days.