KIRTI SAXENA Vs. STATE OF M.P.

JUDGEMENT

(1.) By invoking the jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner has prayed for setting aside the order Annexure P-1 whereby the claim of the petitioner for medical reimbursement towards cost of 'pacemaker' to the tune of Rs.1,69,520/- is rejected by the respondents.

(2.) At the relevant time, the petitioner was working as Additional Director, Higher Education, Gwalior Chambal Division. The petitioner was appointed as Presenting Officer in a departmental enquiry instituted against a former Principal Shri R.D.Sharma. The petitioner is also a gas victim of Bhopal Gas tragedy. The petitioner, in order to attend the aforesaid enquiry, reached Bhopal and was present in the office of Commissioner, Departmental Enquiry, Vindhyachal Bhawan, Bhopal on 29.1.2007. During the enquiry, the petitioner suffered heart attack because of which she was immediately admitted in Bhopal Memorial Hospital and Research Centre. Considering her critical condition, a temporary pacemaker was implanted on 30.1.2007. A permanent one was implanted on 2.2.2007. The petitioner, thereafter, preferred application for reimbursement of the cost of pacemaker i.e., Rs.1,69,520/-. The admitted position between the parties is that the respondents have reimbursed the cost of the treatment except the cost of the pacemaker.

(3.) The learned counsel submits that in view of emergency, the petitioner was admitted in the hospital which is a recognized hospital. Non-reimbursement of the cost of the pacemaker is bad in law and runs contrary to the judgment of this Court in the case decided in W.P.No.1860/2006 (S) (Umrao Singh Solanki Vs. The Chairman & Managing Director, M.P. West Region Electricity Distribution Co. Ltd. & Others), judgment of J&K High Court reported in (Hans Raj Sharma Vs. Union of India and Ors., 2013 LABIC 2011) and the judgment of this Court in Dr.Vishwanath Prasad Khare Vs. State of M.P. & Ors., 2009 3 MPJR 8, which is affirmed by the Division Bench in W.A.No.179/2009.