KAMAL KANT Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present writ petition has been filed under Article 226/227 of the Constitution of India for the issuance of a writ in the nature of mandamus directing the respondents to reimburse the complete amount spent, along with interest thereon by the petitioner on his own medical treatment.

(2.) Learned counsel for the petitioner has submitted that the petitioner had suffered from a disease of the Prostate Gland in the year 2020 and on account of Covid-19 Pandemic, the State of Haryana, Punjab and UT Chandigarh had clamped lockdown and ordered closing of the OPD services in the government hospitals and during the said period, the surgeries were also not being performed in the operation theaters. It is further submitted that the petitioner had suddenly developed a serious problem of Prostate Gland and was experiencing acute and intense pain and absolutely pressing circumstances, he had to approach the nearby local hospital in his vicinity i.e. Healing Touch Super Special Hospital, Ambala for his emergent treatment as during the Covid-19 Pandemic the Government Hospitals were not holding OPDs and performing operations/surgeries. It is stated that the petitioner was admitted in the said hospital on 27/8/2020 as an Indoor Patient and remained in the said hospital till 29/8/2020 and during the said period he was diagnosed with 'Prostatomegaly Grade IIIrd with R.O.U.' and was operated upon by the concerned Urologist on 27/8/2020 itself. Reference in this regard is made to page 24 of the paperbook, in which reference has been made to the diagnosis and also the fact that the petitioner was suffering from pain in the abdomen. It is further stated that the hospital authorities had raised a total medical bill of Rs.40,500.00, which the petitioner had paid from his own pocket. Reference has been made to the record annexed with the petition, more so at page 19 of the paperbook, to show that the said amount was paid by the petitioner on account of the said operation. It is submitted that specific averments have been made in para 8 of the writ petition to highlight the fact that the PGIMER, Chandigarh was not performing the routine operation work and since the petitioner was suffering from intense pain and there was acute emergency, thus, he was left with no other option but to get the said operation done from the above-said hospital. It is further submitted that however an amount of Rs.17,350.00 has been sanctioned by respondent No.3 and rest of the amount out of the total amount of Rs.40,500.00 has not been sanctioned. Learned counsel for the petitioner has referred to para No.1 of the preliminary submissions of written statement, filed on behalf of respondent No.4/Hon'ble High Court, to highlight the facts which are not disputed. Para No.1 of the preliminary submissions of the reply filed on behalf of respondent No.4, which has been highlighted, is reproduced hereinbelow: -