RAGHBIR KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) RAGHBIR Kumar -petitioner has filed the present writ petition under Articles 226 and 227 of the Constitution of India against the respondents and he has made a prayer to this Court for the issuance of a writ in the nature of Mandamus directing the respondents to reimburse the medical bill amounting to Rs. 92,7867 - to the petitioner, which amount was incurred by him in connection with his disease pertaining to transplantation of kidney.

(2.) THE case set up by the petitioner is that in the month of March/April, 1996, he was working as Warder in the Central Jail, Gurdaspur. He applied for allowing him the option of the 'open medical' for the reasons that earlier he was suffering from kidney disease. The kidney disease flared up. Resultantly, he had to undergo an operation in which the transplantation of kidney took place at the PGI, Chandigarh. It is the case of the petitioner that the applied for open medical claim in the month of April, 1996. The petitioner had to incur huge expenses. He submitted his medical claim to the tune of Rs. 92,786/ -. This bill was submitted along with the vouchers, prescriptions, hospital records by the hospital authorities but the Inspector General of Police rejected the claim of the petitioner for reimbursement of medical expenses to the tune of Rs. 92,786/ - simply on the ground that the petitioner opted for open medical on 13.11.1996 and the present claim of the petitioner is prior to this date. The petitioner alleges that since he was suffering from kidney disease and he had to undergo major operation, therefore, he was entitled to be operated in PGI Chandigarh irrespective of the fact that he did not make option prior to his operation.

(3.) 1 have heard the learned counsel for the parties and with their assistance I have gone through the record of the case.