(1.) Petitioner was working as Patwari in the revenue department of the Haryana State.
(2.) According to the State, this Ram Saran Dass Kishori Lal Cheritable Hospital, Amritsar was a private hospital, which was not recognized by the State of Haryana and no reimbursement could be made for the treatment taken in that hospital. Further as far as the bills of Rs. 1,40,156/- are concerned, the claim filed was time barred and even at the time the alleged expenditure was incurred on medicines etc. the disease of the petitioner had not been declared as chronic and as such the amount spent on outdoor treatment was not admissible. State had filed details showing that reimbursement of Rs. 2,10,656/- was made and even the petitioner had submitted seven bills at least from 16.12.2003 to 14.5.2004, which were paid whereas bills for reimbursement of the medicines as prescribed by AIIMS were submitted on 18.6.2004 although this was for treatment taken for the period from 24.8.2002 to 16.1.2003. It had been pleaded on behalf of the State that the bills should have been submitted within a period of six months as per instructions.
(3.) Counsel for the petitioner had relied on judgment of this Court reported in Prem Singh Deswal v. State of Haryana and others, 2004 4 SCT 660 in which it had been held that where treatment for kidney transplant had been taken from a specialist hospital then the State should reimburse the amount spent by the petitioner. Another Division Bench judgment of this Court reported in Surjit Singh v. Managing Director, PRTC and others, 2005 2 SCT 136 had been relied to the effect that post operational follow up treatment in continuation to the indoor treatment was also liable to be reimbursed and there was no justification to deny such reimbursement. Counsel for the petitioner relied on another judgment of Rajasthan High Court reported in Kailash Prasad Gupta v. State of Rajasthan and others, 2005 3 SCT 232 that the Government must make relaxation and the medical reimbursement should not be denied on hypertechnical grounds.