K L KOHLI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) TWO questions arise for our consideration in this writ petition are (i) whether the petitioner can be reimbursed for the medical treatment taken in a private hospital and (ii) whether the petitioner can be refused expost -facto permission by the Medical Board when he was not in a position to wait because of the need of immediate open heart surgery.

(2.) THE petitioner is a retired Government servant and he had suffered heart attack in the year 1985 and again in the year 1991 he developed the same problem. He was advised open heart surgery. He approached the authorised medical attendant at the Civil Hospital, Jalandhar on 14.12.1991 and was advised to get further treatment of heart at P.G.I. Chandigarh or CMC. Ludhiana because the Tread Mill Test had revealed TMT positive for Ischemia. The petitioner, therefore, vide letter written to the Secretary to Government, Punjab, Industries Department Annexure P/1 requested for permission for medical treatment at private hospitals approved by the Punjab Government (Health Department). Thereafter the condition of the petitioner deteriorated and, therefore, on 14.1.1992 he approached the Civil Surgeon who issued sanction for further investigation at P.G.I. Chandigarh instead of forwarding the case to respondent No. 4 for placing it before the Medical Board. On 23.1.1992 the petitioner approached respondent No. 4 directly and requested him to place his case before the Medical Board for permission for medical treatment at Escorts Heart Institute and Research Centre, New Delhi.

(3.) THE petitioner thereafter submitted his claim for reimbursement of expenses incurred by him and requested respondent No. 4 for ex -post facto sanction for the medical expenses incurred by him at New Delhi. Respondent No. 4 wrote a letter dated 3.2.1993 informing the petitioner that his case was not received by him and if it was received by them before 11.2.1993, it will be placed before the Medical Board on the same date.