CHARAN SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Petitioner is a Warder in the Department of Prisons, Haryana and working at Karnal. On 21.10.2009, the wife of the petitioner suffered from severe pain in her stomach. She was, accordingly, removed to General Hospital, Kaithal. The Medical Officer, General Hospital, Kaithal referred the patient to P.G.I., Chandigarh, after finding that there is a large size of stone in her kidney and further stating that it is to be taken as a semiemergency condition and not an emergency. The petitioner, accordingly, got his wife operated upon from A.K. Mittal Surgical Hospital, Kaithal, which raised bills of Rs. 17,374/-. When the bills were submitted for reimbursement before respondent No.3, the same were declined on the ground that as per Government Policy, the bills from the un-approved hospital are not reimbursed, until it is an emergency and the Civil Surgeon, Kaithal has not certified it to be a case of emergency.

(2.) Admittedly, in this case, wife of the petitioner had a stone in her kidney. On account of severe pain, she was taken to the Civil Hospital, Kaithal, which is otherwise a Government Hospital and is apparently approved. Since, the doctors in the Civil Hospital, Kaithal, were unable to handle the patient, therefore, she was referred to P.G.I., Chandigarh, stating that it is a case of semi-emergency condition not an emergency. The petitioner instead of taking his wife to P.G.I., Chandigarh, took her to A.K. Mittal Surgical Hospital, Kaithal, where she was operated upon. When the Civil Surgeon, Kaithal was approached, he issued a letter dated 25.03.2010 (Annexure P-3), stating that it was not a case of emergency. Therefore, the emergency certificate was refused.

(3.) In case of non-emergency cases, the treatment has to be from the approved hospital. Now between ordinary cases and emergency cases, there are cases of semi-emergency and the cases where, the Government Hospital is approached and if it is unable to handle the patient, stating the same to be a case of semi-emergency refers the patient to the approved institute like PGI, Chandigarh.