HARNAM SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner is an erstwhile Government employee. He was engaged with the Punjab Education Department. Having rendered service with the Education Department, the petitioner retired on attaining the age of superannuation on 31.8.1996. At the time of his retirement, he was holding the post of Lecturer.

(2.) The present controversy relates to the payment of medical reimbursement to the petitioner. This claim has to be adjudicated in terms of the policy instructions issued by the State Government dated 13.2.1995. It is not a matter of dispute that under the aforesaid policy instructions if an employee/erstwhile employee of the State Government has himself treated at a hospital other than those specified therein, he is entitled to reimbursement at the rates prescribed by the All India Institute of Medical Science and Research, New Delhi (hereinafter referred as 'the AIIMS'). Despite the stipulation of the aforesaid condition in the policy instructions dated 13.2.1995, the petitioner claims the entire expenses incurred by him on his treatment, in the peculiar and special facts and circumstances of this case.

(3.) While narrating the manner in which the petitioner eventually sought treatment at the Escorts Heart Institute and Research Centre (hereinafter referred to as the Escorts Hospital), it is revealed that, the son of the petitioner (at the relevant time), was serving in the Indian Army and was posted at New Delhi. The petitioner happened to be visiting his son in New Delhi in April 2005, and during the period he was with his son, he is stated to have suffered some chest problem. The petitioner was taken for treatment to the Armed Forces Clinic at New Delhi on 29.4.2005. This factual position is affirmed by the prescription slip, placed on the record of the case as Annexure P6. A perusal of Annexure P6 reveals that the petitioner was referred by the Armed Forces Clinic to the Army Hospital at New Delhi, for further consultation on 30.4.2005. On 30.4.2005, after the petitioner was examined at the Army Hospital, he was referred to the Escorts Hospital, for further treatment, this factual position also emerges from a perusal of the prescription slip Annexure P6. It is not a matter of dispute that the petitioner was admitted at the Escorts Hospital on 4.5.2005 and he remained there till 12.5.2005. During the aforesaid period, the petitioner is stated to have undergone open heart surgery, resulting in expenses to the tune of Rs. 1,92,036/-.