CHAMAN LAL SEHGAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner by way of this writ petition filed under Articles 226/227 of the Constitution of India seeks issuance of writ of Certiorary for quashing of letter dated 21.11.2013 (Annexure P-7) vide which respondent No. 3-Principal Chief Conservator of Forest (Wildlife) and Chief Wildlife Warden, Van Bhawan, Panchkula, Haryana, has declined the medical reimbursement claim of the petitioner on account of treatment of his wife for knee replacement.

(2.) The necessary facts for the disposal of the present case are that the petitioner was working as Deputy Chief Wild Life Warden, Van Bhawan, Panchkula, Haryana. His wife-Uma Sehgal, was suffering from pain in both the knees for two year i.e. in the year 2009-2010 and had been visiting different hospitals for the treatment of the same. On 12.10.2012, the petitioner along with his wife went to Delhi to visit their son. On 15.10.2012, during their visit to son, the wife of the petitioner started having severe pain in both of her knees and was taken to Primus Super Specialty Hospital, New Delhi which is not on the list of Hospitals approved by the Government of Haryana at that time and the surgery for knee replacement of both of her knees was performed in which medical expenses to the tune of Rs. 5,67,065/- were incurred. The petitioner submitted the medical bills for the purpose of reimbursement. In response thereto, he was asked to produce emergency certificate issued by the Chief Medical Officer. An 'Essentiality Certificate' issued by the Primus Super Specialty Hospital, New Delhi had been filed by the petitioner.

(3.) It comes out that the respondent-department has declined the reimbursement claim of the petitioner stating that the said hospital in which the knee replacement surgery was performed is an un-approved hospital as per the instructions of the Government of Haryana and that the said surgery was not done in an emergent situation.