SANTOSH DEBNATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. A. Acharjee, learned counsel appearing for the petitioner as well as Mr. D. Sarma, learned Additional GA appearing for the State-respondents.

(2.) While the petitioner had been serving as an Upper Division Clerk (UDC, for short) under the State-respondents, the petitioner felt a mild pain in his chest on 26.02.2013 in the morning, but, he did not take the matter seriously and on the next day, he proceeded towards Agartala. On the way, the petitioner suffered severe pain in his chest and having no other alternative, he had rushed to Tripura Medical College and Dr. BRAM Teaching hospital, Hapania wherein the doctors prescribed some medicines and advised him to visit after two weeks for check-up. On expectation that he would be cured, the petitioner did not prefer to get admitted in the hospital and returned to his home. However, the petitioner on 06.03.2013 went to ILS hospital, Agartala, a referral hospital of Tripura State government. After examination, the doctors conducted tests like Engeogram immediately on 07.03.2013. Considering the seriousness, the petitioner was admitted to the ILS hospital on 12.03.2013 and was discharged on 14.03.2013 (noon) allowing him to go outside the State of Tripura in Delhi, as opted by the petitioner. The discharge certificate dated 07.03.2013 and 14.03.2013 are available with the writ petition as Annexure 1 and Annexure-2, respectively. It is stated in the writ petition that the petitioner had no scope of availing referral certificate from the Standing State Medical Board following all formalities and proceeded on the ground that he was in such a critical condition due to his heart-blockage, as diagnosed in ILS hospital, Agartala. He was supposed to go to Delhi, but, as his condition has deteriorated, he had to take admission at Super Medica Speciality hospital, Kolkata. The petitioner had to undertake so many tests that involved Rs. 1,57,390/- only. The petitioner again had to attend for check-up on 26.03.2018 (Annexure-4 to the writ petition). It is further stated in the writ petition that the petitioner was aware of the fact that this kind of treatment was not possible in Agartala, Tripura and to get referral certificate, he had to stand in queue which would be a utter wastage of time. Thereafter, the petitioner received certificate of fitness to travel on 25.03.2013 and after attending for re-checkup on 26.03.2013, he returned to Agartala and joined his service. The petitioner has stated in the writ petition that he was escorted by his wife and son all along. The petitioner had to pay Rs. 21,885/- to the ILS hospital as his treatment cost. The grounds for returning the bills by the State-government has also been stated in para 14 of the writ petition. The petitioner has submitted the medical bills which he has stated in detail in para 14 of the writ petition, which is reproduced here-in-below:

(3.) The stand of the government is that the petitioner being a group 'C' employee is not entitled to get medical reimbursement bills. Further, the plea of the State-respondents is that the petitioner did not obtain the referral certificate from the constituted Medical Board. Finally, the petitioner is entitled to get the medical reimbursement to the tune of Rs. 2,09,475/- which includes the treatment bills of ILS hospital, the air-fare for to and fro journey.