G.S. RANDHAWA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) Vide order dated 22.10.1993 (Annexure P-8), the Government refused to grant ex post facto approval of the treatment (heart surgery) of the petitioner from Escort Heart Institute, New Delhi (for short the 'Institute') and the bill of the petitioner for follow up treatment was returned in original vide Annexure P/9. It is submitted on behalf of the respondents that reimbursement of medical claim of the Punjab Government employees and the pensioners is regulated under the Medical Attendance Rules, 1940 . Clause K of Rule 2 lays down free treatment and attendance by the government doctors only. It is submitted that the petitioner is not entitled to the reimbursement of medical expenses incurred by him for getting treatment from the Institute. It is further submitted that as the petitioner has not got prior approval of Director Health Services, Punjab, Chandigarh for his treatment outside the State, he is not entitled to the grant of the relief prayed for in view of the government instructions dated 25.1.1991.

(3.) It is not disputed that the Institute is recognised Institute of the Government of Punjab. Such a question arose for consideration in Sadhu R. Pall v. State of Punjab, 1994 1 SCT 552, wherein it was held :