PARMINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has been constrained to knock the doors of this Court by invoking its inherent jurisdiction under Article 226/227 of the Constitution of India, as his claim for medical reimbursement on account of liver and kidney transplantation (cadaver donor), was considered and sanctioned at the rates prescribed by the All India Institute of Medical Sciences, New Delhi, but rest of the claim was denied, in terms of the Medical Reimbursement Policy dtd. 13/2/1995 (Annexure R-2), and clarification dtd. 23/1/1998.

(2.) Succinctly put, the petitioner was retired as Assistant Engineer from the department of PWD (B&R), Punjab, on 31/3/2016. However, in the year 2010, he was diagnosed with a kidney ailment, and therefore, remained under treatment with the Post Graduate Institute of Medical Education & Research, Chandigarh (PGIMER). Initially, the PGIMER issued him a Complicated Chronic Disease Certificate for Chronic Kidney Disease on 12/1/2011, valid up to 11/1/2014 (Annexure P-1), which was re-issued/re-validated on 12/1/2014 till 11/1/2019 (Annexure P-2). But, gradually, the kidney disease led to deterioration of his liver, as well, and thus, he was issued a Chronic Hepatitis C certificate on 17/5/2013, which remained in force till 16/5/2015 (Annexure P-3). He continued his treatment, i.e. medicines, tests and dialysis, with the PGIMER, from 2011 to 2015. Since his health was worsening with each passing day, he was in emergent need of organ transplant, but could not secure a donor, despite being registered with the PGIMER. Simultaneously, he also consulted and remained under treatment with Fortis Hospital, Mohali, from 2012 to 2014. Having been left with no other option, he got himself registered with other hospitals pan India, for securing a cadaver donor, including Sir Ganga Ram Hospital, New Delhi, in the year 2014, where, he also underwent numerous diagnostic tests and treatment, and his name was placed in a queue.

(3.) Likewise, he also got himself registered with Apollo Hospital, Banglore. Ultimately, in the year 2015, he got a call from the Apollo Hospital, Banglore, that a cadaver donor was available. Since time was of the essence, he immediately underwent kidney and liver transplant surgery on 3/1/2015, and remained under observation till 13/1/2015. Thereafter, all the bills and certificates issued by the said hospital were submitted by the petitioner with the respondent-State for reimbursement, to the tune of Rs.31,50,000.00 (Annexure P-7). However, upon verification and Ex-post facto sanction, the Director, Health & Family Welfare, Punjab, vide a communication dtd. 12/4/2016 (Annexure P-8), had accorded approval, but as per the rates of AIIMS, New Delhi/Government rates, i.e. Rs.8,13,117.00. In the interregnum, the respondent authorities had re-visited the claim of the petitioner, when it came to their notice that treatment for cadaver liver and kidney transplant was available at AIIMS, New Delhi, in the year 1996, which had fixed the rate of Rs.11,00,000.00, vide letter dtd. 9/7/2021. Accordingly, claim of the petitioner was revised Ex-post facto, and was accorded sanction for Rs.13,68,235.00 on 20/11/2025, in favour of the petitioner, and the amount has even been released.