LAWS(P&H)-2017-2-318

CHAND SINGH Vs. STATE OF HARYANA AND OTHERS

Decided On February 07, 2017
CHAND SINGH Appellant
V/S
State Of Haryana And Others Respondents

JUDGEMENT

(1.) The petitioner is working in the Haryana Police as a Sub Inspector at Rohtak. On 1.8.2014, his wife Smt. Sheela was having an excessive uneasiness, sweating and retrosternal chest pain for about three hours. In the emergency, she was immediately rushed to the nearest hospital, namely, Oxygen Hospital, Rohtak, where she was admitted in emergency on 1.8.2014 with CAD-unstable angina with ongoing chest pain. The coronary angiography revealed DVD - Mid LAD 80% and Mid RCA 80% disease. She was advised emergency operation to install stent, which was accordingly implanted and she was discharged from the said hospital on 3.8.2014. The petitioner submitted the medical bills to the tune of Rs. 2,26,083-59. In this regard, a legal notice (Annexure-P-3) was sent to the Collector and Civil Surgeon, Rohtak for issuance of Emergency Certificate, which was declined by the Civil Surgeon, Rohtak, vide letter dated 14.5.2015 (Annexure-P-4), stating that as per the opinion of the Cardiologist, there was no emergency in this case. The emergency certificate was refused, which was required as per the Government instructions. Therefore, the reimbursement was also refused.

(2.) The respondents have taken the stand that since there was no emergency, therefore, the emergency certificate was declined. The said Oxygen Hospital, Rohtak, was not on the approved list. Therefore, the reimbursement of the medical bills has been correctly denied. Respondent No. 3 has relied upon the view taken by the Sr. Professor and Head, Department of Cardiology, PGIMS, Rohtak, who was of the opinion that there was no emergency in this case.

(3.) I have heard the learned counsels for the parties and have also carefully gone through the file.