KAILASH CHANDRA DUTTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N. Nath, learned counsel for the petitioner and Ms. S.Sarma, learned Standing counsel appearing for the Health Department. I have also heard Ms. D.D. Barman, learned Addl. Sr. Government Advocate for the respondents No. 1 and 3.

(2.) This is a petition under Article 226 of the Constitution of India praying for issuance of appropriate writ or order or direction directing the respondents to reimburse the medical claim of the petitioner amounting to Rs. 2,36,714 spend in payment of his wife's treatment at Dispur Hospital, Guwahati between the period 28.08.2012 to 07.09.2012.

(3.) The learned counsel for the petitioner submitted that petitioner's wife (L) Jyotsna Dutta who was suffering from liver cirrhosis was referred to Apollo Hospital in Delhi by the Medical Board of the State Government in the year 2011 and accordingly, she was taken to the said hospital and was given the required treatment. After she was discharged on 19.02.2012 she was brought back home. However, on 28.08.2012 at around 11:00 P.M her condition suddenly deteriorated while staying at home. Having no choice, to meet the urgent situation she was taken to the Dispur hospital which is situated at about 500 meters from their residence. At Dispur hospital she was admitted directly to ICU and given treatment till she breathed her last on 07.09.2012. After her death, the petitioner submitted the medical bill of a sum of Rs. 2,36,714 already paid by him to the hospital for reimbursement as per his entitlement and as provided under the rules. Thereafter, the Forest and Environment Department under which he was working referred the matter to the Administrative Department as per the provisions of Rule6(C) of the Assam Medical Attendance Rules, 2008. The Administrative Department, on received of the same referred to the Health and Family Welfare Department. 7(seven) years have passed by since then but till today, the petitioner has not been given his entitlement as per the rule. Therefore, he has been compelled to come before this Court.