LAWS(GAU)-2008-1-31

RANJIT KR SEBNATH BAIDYA Vs. STATE OF TRIPURA

Decided On January 16, 2008
RANJIT KR. SEBNATH BAIDYA Appellant
V/S
STATE OF TRFPURA Respondents

JUDGEMENT

(1.) By filing this writ petition, the petitioner has approached this Court for a direction to the respondents for making payment, as per policy of the Govt. of Tripura, of bills submitted by him amounting to Rs. 1,16,225/- on reimbursement towards medical expenses, which he incurred for his open heart bypass surgery (CABG) and purchase of medicines and also for declaring the Memo dated 9.8.2005 of the Finance Department, Govt. of Tripura as illegal, arbitrary and contrary to the provisions of the Constitution.

(2.) Heard Mr. P. R. Barman, learned Cousel for the petitioner and Mr. T.D. Majumder, learned Additional Govt. Advocate for the State respondents.

(3.) The facts stated in the writ petition, in short, are as follows : The petitioner was serving as an Assistant Teacher in the Radhamohanpur High School (Primary Section) under Jirania School Inspectorate of the Directorate of School Education, Government of Tripura. On 27.4.2005 while he was suffering from severe chest pain, he was admitted to the G.B. Hospital, Agartala and he was discharged from the hospital on 7.5.2005. Again on 18.10.2005, he suffered from severe chest pain and attended G.B. Hospital, Agartala as an out door patient and he was advised to attend the Medical Board of G. B. Hospital on 24.10.2005 and on attendance to the Medical Board, he was referred to SSKM Hospital, Kolkata for further treatment. Thereafter, the petitioner went to Kolkata and got admitted into SSKM Hospital on 19.11.05. On 23.11.05 Coronary Angiogram (CAG) of the petitioner was done and on the report of CAG, he was referred to Surgical Unit of SSKM Hospital for bypass operation (CABG) and from there he was discharged by Medical Unit of SSKM Hospital, Kolkata on 26.11.2005 with direction to attend CTS OPD for CAGB and Cardio OPD after four weeks on Saturday or E/R SOS. The petitioner attended the Surgical Unit of SSKM Hospital, Kolkata on 30.11.2005 where he was advised admission for bypass operation (CABG). But the Surgical Unit advised him to meet the Medical Officer, Surgical Unit with the report of Angiogram (CAG) on next Saturday i.e. on 3.12.2005 and no admission was given on 30.11.2005. No date for bypass operation (CABG) was also fixed for want of accomodation at that time in the Surgical Unit of the SSKM Hospital.