AMAR NATH DHINGRA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner retired from government service while he was holding the post of S.S. Master in Government Middle School, Roherianwala, District Ferozepur. He suffered heart attack on 16.8.1995 and was taken to Batra Hospital and Medical Research Centre, New Delhi for treatment. On 23.8.1995, open heart surgery was conducted on him at that hospital. He was discharged on 2.9.1995. On account of post-operative complications, he was again admitted to the hospital. Finally, he was discharged from the hospital on 3.10.1995. As per the Bill issued by this hospital, petitioner had to pay a sum of Rs. 1,46,944/-. As per the policy adopted by the Punjab Government, petitioner claimed reimbursement of that amount. That claim has not been sanctioned. Hence, this writ petition.

(2.) On behalf of the State, a detailed written statement has been filed. The contention taken therein is to the following effect :-

(3.) Petitioner had a sudden heart attack on 16.8.1995. Immediately he was rushed to Batra Hospital and Medical Research Centre, New Delhi. In such a situation, his claim for medical reimbursement is not to be opposed by the State on the ground that he did not obtain pre-approval from District Medical Board. If one who suffers heart attack is to get medical reimbursement only if he had obtained pre-approval from Medical Board, then Government may not be called upon to pay compensation. The patient if waits for pre-approval for undergoing treatment, we are sure the said approval will be given only after the patient reaches the other world. The stand that for undergoing emergency treatment, Government will effect reimbursement only if pre-approval from the Medical Board is obtained is, to say the least unreasonable and inhuman. Hence, the contention of the respondents that the petitioner is not to get medical reimbursement on the ground that he failed to obtain prior approval from the Medical Board has to be ignored.