KRISHNA MOHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) CM 23667/2000 is allowed as prased for. In this writ petition the point for determination is very short : "Whether the petitioner is entitled to the medical reimbursement of the entire amount spent by her when she got the treatment of heart surgery in B.R.S. Heart Institute, Kot Billa, which is not a recognised institution. If not, whether she is entitled to the rates which are applicable to the AIIMS/PGI?"

(2.) Admittedly, the petitioner Shrimati Krishna, retired as Block Health Assistant and after retirement she started residing at village Sadhaura, Tehsil Jagadhri, District Yamuna Nagar (Haryana). She initially suffered first heart attack on 9.11.1998 and she was treated at Community Health Centre, Sadhaura and then she was referred to General Hospital Yamuna Nagar for specialist advice. While rushing towards Yamuna Nagar from Sadhaura via Jagadhri, her condition became very critical and she had to be taken to the Sabharwal Hospital, Jagadhri at about 1.A.M. on 10.11.1998. Then she was taken to PGI because she could not improve there. In the PGI she was admitted to the emergency ward where she was diagnosed as a case of complete heart block. On 15.11.1998 she was discharged. On 16.11.1998 she again started feeling uncomfortable at heart and on 19.11.1998, she suffered her second massive heart attack and she was again rushed towards Jagadhri in a vehicle on way to P.G.I., Chandigarh. On the way her condition became bad and she was taken to Kapil Hospital, near Jagadhri. There, she remained on emergency medical treatment for survival up to 22.11.1998 under the care of the Heart and Chest Specialist, Dr. Kapil Dev. On 22.11.1998, her condition became more critical and it was thought proper that immediate heart by-pass surgery was the only way to save her life from the nearest available Heart Surgery Hospital from Jagadhri. He referred her to the B.R.S. Heart Institute and Research Centre, located in village Kot Billa, about 20 kms prior to Panchkula on the Jagadhri-Panchkula Road. The angiography was done and thereafter, she was operated upon for by-pass surgery on 29.11.1998. She was discharged from the hospital on 11.12.1998. According to the petitioner she spent Rs. 1.50 lacs by way of package deal. Apart from that she spent Rs. 19,000/- on the pace maker. In this regard she incurred a sum of Rs. 1,69,000/-. She submitted the bills to the authority which have been declined on the ground that B.R.S. Institute is not a recognised one.

(3.) Notice of the writ petition was given to the respondents. According to the respondents, the petitioner got the treatment from the institute which is not a recognised and she was not referred for any private institute and, therefore, she is not entitled to the medical reimbursement as per the policy of the Government.