DAMYANTI DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner was working as JBT Teacher in Government Primary School, Harijan Basti, Palwal, District Faridabad. She retired on superannuation on 30.11.1998, after attaining the age of 58 years. On 9.5.2003, the petitioner suffered a fracture and got her initially treated at General Hospital, Palwal. However, as there was no Orthopaedic Surgeon in the General Hospital at Palwal hence, she was taken to Aastha Hospital, Palwal. There she remained admitted upto 20.5.2003. But despite that she could not get the required relief. The petitioner was, thereafter, taken to Holy Family Hospital, New Delhi where she remained admitted upto 25.5.2003 and was discharged from that hospital on 26.5.2003. In the entire treatment, the petitioner spent a sum of Rs.38361/- and submitted the bills to the Government of Haryana for reimbursement.

(2.) The bills sent by the petitioner were returned to her as being not payable as the petitioner had got her treated from an un-approved hospital. It has been claimed that the petitioner is entitled to reimbursement at the rates applicable to AIIMS or PGI. Reliance has been placed on the judgements in Som Nath Kapur V/s. State of Haryana, 1996 4 RSJ 646 and Surjit Singh V/s. State of Punjab and others,1996 1 RSJ 845, Kirloskar Brothers Ltd. V/s. Employees State Insurance Corporation, 1996 2 SCC 682, State of Punjab and others V/s. Mohinder Singh Chawla etc., 1997 AIR(SC) 1225, Amina Kundu V/s. State of Haryana and others,2001 2 RSJ 143, Renu Saigal V/s. State of Haryana, 1998 4 RSJ 557, in support of her case.

(3.) Reply has been filed on behalf of the respondents wherein it has been averred that as the petitioner has not availed the medical facility from a Government Hospital or an approved hospital on the list of Government of Haryana, therefore, she is not entitled to any reimbursement.