CHANDUBHAI AMBALAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. P.B.Bhatt, learned Assistant Government Pleader waives service of the Rule. At the request of the learned Advocates, this petition is taken up for final hearing to-day.

(2.) The petitioner in this petition under Article 226 of the Constitution of India has prayed for an appropriate writ, order or direction declaring the decision of respondent No.2 rejecting the medical reimbursement claim of the petitioner as arbitrary, illegal, unjust and violative of Article 14 of the Constitution of India and to direct the respondents to reimburse the amount of medical bills to the petitioner with 18 per cent interest.

(3.) The petitioner is serving as Deputy Executive Engineer in Roads and Building Department at Viramgam. The daughter of the petitioner was admitted in Gujarat Research & Medical Institute ( Rajasthan Hospital) due to serious heart problem . It is the case of the petitioner that his daughter while being in an unconscious state was admitted and the Heart Specialist of the hospital was of the opinion that the operation was required to be performed immediately and that she could not be removed from the hospital since her condition was very critical and any dealy in operation might prove fatal to her as the heart of the daughter of the petitioner was completely blocked with Stroke Adamas Attack with Intermittent Cardiac Asystole. In view of this opinion, with the consent of the petitioner, an operation was performed on the daughter of the petitioner with the result the daughter of the petitioner survived with temporary pacemaker and thereafter permanent pacemaker implanted.