KEWAL KRISHAN SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed for issuance of a direction to the respondents to release the actual medical re -imbursement charges to the petitioner as well as expenses incurred by him on post operation follow -up.

(2.) Petitioner, who is presently working as Superintendent, Canal Lining Division Ferozepur, suffered heart problem in 1992 and on the basis of the opinion of the Chief Medical Officer, Ferozepur, and Cardiologist at P.G.I. Chandigarh, he was referred to the Escort Heart Institute/All India Institute of Medical Sciences. By -pass surgery of the petitioner was done at All India institute of Medical Sciences on 18.12.1992, from where he was discharged on 28.12.1992. The petitioner submitted his case for payment of medical reimbursement to the respondents but no action has been taken by the respondents for payment of amount due to the petitioner by way of medical reimbursement and this, according to the petitioner, is the position despite his various representations. His case was forwarded by the Executive Engineer, Canal Lining Circle, Ferozepur to the Chief Engineer, Irrigation Department vide letter Annexure P -7 but no decision has been taken by the respondents. Petitioner claims that denial of medical reimbursement has caused him monetary loss and has also subjected him to mental strain and agony. His contention is that in view of the policy framed by the Government, he has a right to the re -imbursement in respect of the expenses incurred by him on treatment at P.G.I. Chandigarh as well as at All India Institute of Medical Sciences, New Delhi.

(3.) In reply, the respondents have raised their usual stock plea that the petitioner had not submitted his application to the Director, Health Services Punjab, for prior permission to get treatment at the All India Institute of Medical Sciences in accordance with the circular dated 25.1.1991. Respondents have also pleaded that on account of lack of prior permission the competent authority could not grant reimbursement to the petitioner. Therefore, his case was referred to the Director, Health Services, Punjab for grant of ex -post -facto sanction and this has been done by the Director vide his letter dated 2.1.1995. Now the bills have been forwarded to the Finance Department and payment is likely to be made at an early date.