OM PARKASH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner has preferred the present writ petition filed under Article 226/227 of the Constitution of India for issuance of writ of certiorari for quashing of the order dated 19.09.2013 (Annexure P-8) written by respondent No. 3 wherein the reimbursement of medical bill of Rs. 44,259/- has been rejected.

(2.) The brief facts of this case are that the petitioner is retired District Attorney, Haryana. As per the case of the petitioner, he was having gall bladder stone. In the evening of 05.09.2012, when the petitioner was suffering from acute pain, he was taken to G.M. Nursing Home and Clinic, Sector 34-D, Chandigarh. In the morning of 06.09.2012, he was operated upon. Thereafter, the petitioner submitted the medical bills to the tune of Rs. 44,259/- to the respondent-department vide (Annexure P-2). It comes out that the said hospital/nursing home does not fall within the approved list of hospitals of the Government of Haryana. In such cases, the certificate from Civil Surgeon is required stating that it is a case of emergency.

(3.) It also comes out that the Civil Surgeon, Panchkula formed a Medical Board vide which a report (Annexure R-2) has been submitted stating that since the patient does not qualify for the criteria of emergency surgery, therefore, he is not eligible for any medical reimbursement. Thereafter, vide letter dated 29.11.2013 (Annexure P-9), the medical bills were returned to the petitioner.