D M KATHIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioner has challenged the order of the Government dated 10.03.2010 whereby, his claim for medical reimbursement for the treatment of his daughter has been declined.

(2.) Petitioner being a Government employee of the Corporation submitted an application dated 4.3.2005 for the purposes of treatment of his daughter and advance of Rs.8 Lakhs. This request was declined vide letter dated 31.3.2005 in view of the Gujarat State Services (Medical Treatment) Rules, 1988. Thereafter, petitioner again made a request on 13.04.2005 for advance, on the basis of Government Resolution dated 14.09.2004 issued by the Health and Family Welfare Department. Aforesaid request of the petitioner was forwarded to the Deputy Secretary, Industries and Mines Department on 18.07.2005 for approval and necessary advice. Consequently, vide letter dated 13.10.2005, certain details were invited by the Department and accordingly, petitioner supplied the required information to the Board on 3rd March, 2006. Board decided in favour of the petitioner and decision of the Board was forwarded to the Additional Secretary, Small Industries and Tourism on 24.03.2006 for the purposes of approval by the Government. After some more exchange of letters, petitioner submitted bills to the tune of Rs.9,08,280.90 to the answering respondent for reimbursement, which included 'Cochlear Implant Surgery costing Rs.8,90,000/- for approval of the Government.

(3.) Learned counsel for the petitioner has submitted that before treatment, daughter of the petitioner was suffering from total deafness. It was concluded that surgery was the only alternative. The treatment of Cochlear Implant Surgery was not available in the private hospital and further this treatment was available in developed countries like USA, Austria and Australia.