AVTAR SINGH Vs. STATE OF PUNJAB & OTHERS

JUDGEMENT

(1.) Petitioner is a retired Superintending Engineer having superannuated in December 1986.

(2.) In December 1995 he had a heart problem and was admitted in the P.G.I. Chandigarh as an indoor patient. He was advised bye pass heart surgery (CABG) which the petitioner decided to undergo from the Escorts Heart Institute and Research Center, New Delhi. Before being admitted to the Escorts Heart Institute and Research Center, New Delhi, he approached the office of the Director, Health Services, Punjab, Chandigarh for permission. The petitioner claims that the Director, Health Services declined to grant him permission unless he gave an affidavit to the effect that the petitioner would accept reimbursement at the rates of All India Institute for Medical Sciences, New Delhi. He claims that in view of the urgency, he had no other alternative but to give the affidavit as demanded by the department. The Director, Health Services, Punjab accorded permission to the petitioner for the bye-pass surgery vide memo dated 15.01.1996, subject to the condition that the reimbursement of the bills would be at the rates of All India Institute for Medical Sciences, New Delhi. The petitioner was operated upon on 14.12.1995 and discharged on 23.12.1995. After his discharge, on 8.4.1996, the petitioner submitted his bill amounting to Rs. 1,52,850 duly counter signed by the various signatories of the Escorts Heart Institute and Research Center, New Delhi as also all other relevant documents and sought reimbursement of the expenditure incurred by him. The respondent-State however only reimbursed a sum of Rs. 82,000/- which was as per the rates of the All India Institute for Medical Sciences, New Delhi.

(3.) Aggrieved against the action of the respondents in not granting full reimbursement to the petitioner, he filed the present writ petition claiming that he was entitled to reimbursement of the total amount spent by him on his surgery.