DALJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner who has already retired as a lecturer from the Government Senior Secondary School, Ludhiana had undergone the Coronary Bypass Surgery at the Escorts Hospital on May 21, 1991. He had paid a total amount of Rs. 1,24,900/ -. He requested the department to reimburse the expenses. Having failed to get his money, the petitioner has filed the present writ petition with a prayer for the issue of a mandamus directing the respondents to release the payment "with 18% compound interest".

(2.) THE respondents have not filed any written statement. They have not controverted the factual position. The only contention raised on behalf of the respondents is that the petitioner should be paid the expenses that he would have incurred if he had been admitted to the All India Institute of Medical Sciences. Counsel for the parties have been heard.

(3.) SELF preservation is a necessary concomitant to the right to life as enshrined in Article 21 of the Constitution. In State of Punjab v. Mohinder Singh Chawla, JT 1997 (1) SC 416, it has been held that health is integral to the right to live. The right of a citizen to undergo treatment including coronary By pass Surgery at private hospitals has been recognised by various decisions of this Court. Reference in this behalf may be made to the decision of a Division Bench of this Court in Ram Lubhaya Bagga v. State of Punjab. CWP No. 13872 of 1996 decided on March 21, 1997.