SOM NATH KAPPOR Vs. STATE OF HARYANA ETC.

JUDGEMENT

(1.) Petitioner, Som Nath Kapoor, retired as Sec. Officer, Finance Department, Haryana. His wife suffered heart disease on 19.9.1994. She got herself examined from Physician and Heart Specialist, Faridabad, who referred her to All India Institute of Medical Sciences, New Delhi, for further treatment. It is the case of the petitioner that on 19.9.1994, she was examined in emergency ward of All India Institute of Medical Sciences, but since there was no bed available she was referred to Safdarjung Hospital, New Delhi. In Safdarjung Hospital, there was no provision for treating heart disease and there being risk to life of petitioner's wife, she was got admitted in National Heart Institute run by All India Heart Foundation, a closest Institute to the All India Institute of medical Sciences. Angiography was done on 20.9.1994, whereafter she was advised bye-pass surgery. On 26.9.1994, bye- pass surgery was conducted. For Angiography and bye-pass surgery and also other essential charges, the petitioner had to incur an expenditure of Rs.99,413.00. After the patient (petitioner's wife) was discharged, the petitioner submitted bill (Annexure P-4) for medical reimbursement, but the same was rejected on the ground that bill for Rs.99,413.00 cannot be reimbursed as per instructions. The present petition has been filed by the petitioner for a direction to the respondents to reimburse him the medical expenses incurred by him towards Angiography and bye- pass surgery of his wife, and a Writ of Certiorari quashing orders dated 28.8.1995 and 26.2.1996 rejecting the claim of medical reimbursement made by petitioner.

(2.) In the written statement, it has been stated that the petitioner is not entitled to reimbursement of expenses incurred by him for the bye-pass surgery of his wife as the Government has made a policy for reimbursement of medical expenses incurred on medical treatment taken in specific hospitals, such as, Nevadec Prosthetic Centre, Daulat Singhwala, Zirakpur, Batra Hospital, New Delhi, and Escorts Hospital, New Delhi. It has been stated that petitioner got his wife admitted in National Heart Institute which is not recognised by the Haryana Government and therefore, petitioner is not entitled to the relief prayed for in this petition.

(3.) We have heard the learned counsel.