HARI CHAND Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) The decision inviting issue of medical reimbursement of half of the amount of expenses incurred by the petitioner for his life saving Live Liver Transplant operation in the present case was formulated in the interim order dated December 17, 2015 in the following terms:-

(2.) Dr. Bhagmal, Director, Health Services, Punjab is present in Court. He has hardly any cogent point of view to offer to the Court which may lead to the dismissal of the petition. The option available with him of filing an additional affidavit explaining the position has not been availed. The right thus stands waived.

(3.) The brief facts necessary to be stated are that the petitioner was a Social Studies Master teaching school. In the year 2009 the petitioner developed symptoms of liver cirrhosis which is a chronic disease and a type of cancer. He was initially admitted for treatment at the Dayanand Medical College and Hospital, Ludhiana where the doctors advised him to undergo Liver Transplantation. The nearest hospitals where such treatment could be had were either at the Indraprastha Apollo Hospital or the Sir Ganga Ram Hospital, both in New Delhi, and the line of treatment advised was to remove the liver from a live donor and transplant it in the patient, the petitioner. The procedure involves the donor and the recipient to be operated at the same point of time, one for removal, the other for transplantation simultaneously. The petitioner was operated on January 01, 2010 and was discharged from Apollo Hospital, New Delhi, the chosen hospital, on January 22, 2010. The operations were successful. The total medical expenses incurred in the Apollo Hospital were in a sum of Rs.22,43,818/-. On return, he submitted his medical reimbursement bill together with his representation with supporting documents on February 05, 2010 for sanction by the competent authority and payment. When the amounts were not released in his favour the petitioner was compelled to approach this Court by way of CWP No.938 of 2011 which was disposed of on January 19, 2011 directing the respondents to consider and decide the claim of the petitioner within two months. The respondents did not obey the order which brought COCP No.2211 of 2012 to this Court.