LOITONGBAM NELSON Vs. STATE OF MANIPUR

JUDGEMENT

(1.) THE writ petitioner, who is a Doctor and a member of the Manipur Health Services, Government of Manipur, files this writ petition for a direction to the respondents to reimburse the medical expenses incurred by him towards his treatment as the respondents declined to reimburse the costs of the medicines prescribed by the Specialist and used for treatment of his ailment, "ankylosing Spondylitis" only on the ground that the very ailment suffered by the petitioner is not included in the list of the ailments/specialized treatment mentioned in the Office Memoranda issued by the Government of Manipur, from time to time, for full reimbursement of the medical expenses.

(2.) HEARD Mr. Hemchandra, learned counsel for the petitioner as well as Mr. Y. Ashang, learned G. A. appearing for the respondents.

(3.) ADMITTED facts of both the parties, stated in brief, in the present writ petition, are that while the petitioner was working as Medical Officer in-charge in CHC Moreh Hospital, he was referred by the State Medical Board for treatment of his illness, i. e. "ankylosing Spondylitis" outside the State and the Director of Health Services, Manipur vide Memorandum bearing No. P/4/2006-DHS, Imphal the 27th April, 2006, recommended the petitioner for treatment at All India Institute of Medical Sciences (AIIMS) Delhi stating that, "the State Medical Board, Manipur examined on 26. 4. 06 Dr. L. Nelson, M. O. CHC Moreh Hospital (Present petitioner) referred by the M. O. in-charge CHC Moreh Hospital Govt. of Manipur for treatment outside the State, the Board found him suffering from "ankylosing Spondylitis" and recommended him for treatment at AIIMS, New Delhi. Further, he is allowed to travel by air from Imphal to Delhi and back without attendant. " The State Medical Board, consequent upon the examination of the petitioner on 26. 4. 08, issued a certificate that the petitioner has been suffering from back pain off and on for the last five years with the pain increasing since six months and has diagnosed that the petitioner is suffering from "ankylosing Spondylitis. "