ROSHANI DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Smt. Roshani Devi, petitioner has filed the present writ petition under Articles 226/227 of the Constitution of India and it has been prayed by her that order 12.1.2000 Annexure P-9 be quashed. It has been further prayed by the petitioner that directions be issued to respondents to reimburse the actual medical expenses incurred on the treatment of his husband along with interest.

(2.) The case set up by the petitioner is that her husband Shri Om Parkash joined as Clerk/Auction Recorder with respondent No. 4 on 9.5.1989. He was suffering from the disease of Cirrohosis and Portal Hypertension. He was referred by the Medical Officer, Government Hospital, Fatheabad to P.G.I.M.S. Rohtak. The condition of her husband became very serious on 30.7.1999. He was taken to Hisar where he was not attended by any doctor. Rather it was advised verbally to go to P.G.I.M.S. Rohtak or Apollo Hospital, New Delhi. Resultantly, the deceased Shri Om Parkash was taken to Apollo Hospital, New Delhi on 30.1.1999. The husband of the petitioner remained admitted in the said hospital from 30.7.1999 to 10.8.1999. On the treatment of the deceased, a sum of Rs. 4,17,890/- was spent. The petitioner was discharged from the Apollo Hospital on 10.8.1999. After discharge he was taken to Hisar where he was admitted in Ravindra Hospital. Unfortunately, he died on 1.9.1999 at 2.00 p.m. The petitioner also spent a sum of Rs. 17240/- when the deceased was lying admitted in Ravindra Hospital, Hisar.

(3.) It is the case of the petitioner that a sum of Rs. 4,43,930/- in all was spent on medicines and treatment of the deceased. The petitioner requested respondents No. 3 and 4 for the reimbursement of the actual amount but the request was declined mainly on the ground that since Apollo Hospital is not recognised by the Government of Haryana, therefore, the amount cannot be sanctioned. It is further alleged by the petitioner that vide Government instructions dated 30.11.1993 the Government of Haryana has approved Hospitals, like Batra Hospital, New Delhi, Escort Hospital, New Delhi and Navedic Prothotic Centre, Zirakpur. The case in short of the petitioner is that the order of rejection dated 12.1.2000 Annexure P-9, is illegal, null and void and unconstitutional.