BALDEO PRASAD SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) In May, 1976 the Petitioner, who was at that time posted as Deputy Jailor in Central Jail, Naini, Allahabad, suffered heart attack and was admitted in M. L. Medical College, Allahabad for treatment. The doctors of the Medical College referred the Petitioner's case to All India institute of Medical Sciences, New Delhi (hereinafter referred to as the institute) for treatment and implantation of pace maker. The Petitioner was accordingly admitted in the institute where he was treated and pace maker was implanted, which was purchased by the Petitioner out of his own funds. After recovery he made an application before the Government of U.P. for reimbursement of the amount spent by him in Delhi in his treatment end purchase of pace maker and medicines. Petitioner's application has been rejected by the Government on the ground that he had not obtained its prior permission (or his treatment outside the State of U.P. it is against this order that this writ petition has been filed by the Petitioner. Prayer for writ of mandamus for reimbursement of the amount spent by him in his treatment in Delhi, has also been made.

(2.) I have heard the learned Counsel for the Petitioner and learned Standing Counsel.

(3.) It is not disputed that the Petitioner suffered a heart-attack and he was sent to the institute for treatment and implantation of pace maker by M. L. N. Medical College, Allahabad it is also not disputed that the pace maker, which was implanted; was purchased by the Petitioner out of his own funds and further that he spent money in purchasing medicines in the institute. It is admitted to the Petitioner that he did not obtain prior permission from the Government of U. P " for his treatment and implantation of pace maker in the institute, which is outside the Slate of Uttar Pradesh.