ANGOM SUSHILA DEVI Vs. STATE OF MANIPUR

JUDGEMENT

(1.) BY this writ petition, the petitioner is praying for a direction to the respondents to reimburse the medical bill for her treatment at Mallya Hospital, Bangalore on the refusal by the respondents to reimburse the medical bill only on the ground that the said hospital was a private hospital. The point called for decision in the present writ petition is no more res-integra. The decision of the Apex Court in Surjit Singh Vs. State of Punjab and Ors. reported in (1996) 2 SCC 336 and the decision of this Court in Gouri Sengupta Vs. State of Assam reported in 1999 (3) GLT 601 had already answered the point called for decision in the present writ petition.

(2.) THE petitioner is a State Government employee serving as Additional Public Prosecutor-cum-Additional Government Advocate (District) and undisputedly the petitioner is a Class-I Officer of the Government of Manipur.

(3.) ON 27. 08. 2005, the petitioner left Imphal for Bangalore for her son's admission at Dayananda Sagar of Dental Science, Bangalore and she was on earned leave for a period of 15 days commencing from 27. 8. 2005 to 10. 9. 2005 under the Manipur Civil Service (Leave) Rule 1979. Unfortunately, while she was at Bangalore for her son's admission she suddenly fell ill and admitted at Kidwai Institute of Oncology, Bangalore-29, Department of Pathology on 2. 9. 2005 vide Registration No. 14774. On initial examination, the concerned doctor (specialist) suspected that she was suffering from Cancer of her right breast and thyroid lobe. The attending doctor (specialist) after preliminary examination further advised her for histological evaluation of the case by way of lumpectomy and biopsy. It is said that due to non-availability of bed in the said Kidwai Memorial Hospital, Bangalore, she was referred to Mallya Hospital, Bangalore. In support of her case, petitioner annexed the photocopy of the registered receipt of the OPD having registration No. 14774 Unit GDD Diagnosis dated 2. 9. 2005 wherein the concerned doctor made a noting on 4. 9. 2005 that "refer to Mallya Hospital for shortage of bed" to the present writ as Annexure-A-1. The petitioner also undergone many tests and found that the illness of the petitioner was of serious nature and required immediate intervention. She was also further subjected various medical tests at Mallya Hospital, Bangalore as per advice of the attending doctors. The attending doctor (specialist) Dr. Vishwanath Hiremath advised her to undergo medical test like needle aspiration cytology, thyroid scan, mammography routine, aspiration, complete hemogram test, HIV rapid assay, hepatitis etc. After the medical report of the said test highly suspicious to be suffering from thyroid left malignancy fnac breast (RT) lump suspicious of malignancy (complex cyst ). Accordingly, she was admitted to Mallya Hospital, Bangalore on 22. 9. 2005 and was operated on the next following day on 23. 9. 2005 and was finally diagnosed as Left Lobe Follicular Adenoma with Atypical Papillary Hyperplasia and Fibrocystic disease with Lobular Hyperplasia Right Breast (mild atypia ). After completion of the operation she was discharged from hospital on 28. 9. 2005. The photocopies of the medical tests receipts along with medical reports and discharged summary reports are also enclosed as Annexure-A/2 (Colly)