RAM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner is a Government servant. As per rules, he is entitled to reimbursement of medical expenses incurred on himself and his family members. It is his case that on 26.5.2004 he got his wife admitted, in an emergent situation, in Batra Nursing Home and Heart Care Centre, Sonepat. After conducting necessary tests, it was found necessary to perform angioplasty upon his wife. The petitioner opted for a package, being offered by the above said Institution. In fact angioplasty with stenting was done and petitioner's wife was discharged from hospital on 28.5.2004. Cost of the package, for three days, was Rs. 95,000/- including room rent and medicines. Thereafter the petitioner submitted his claim for reimbursement of the medical expenses. When it was not cleared, petitioner filed this writ petition.

(2.) In response to the notice issued by this Court, reply has been filed by the respondents wherein it has been stated that it appears that the petitioner's wife had not gone for any angioplasty/stenting etc. rather it was a routine medical check up as she was discharged from the hospital within three days. Further that as she got treatment from a private hospital, the petitioner was not entitled to get the requisite benefit claimed by him. It was further said that the hospital was not in the approved list of the State of Haryana and further that the case of the petitioner's wife was not recommended by any civil hospital for emergency treatment as stated by the petitioner. It was stated that claim of the petitioner was not acceptable.

(3.) After hearing counsel for the parties, we feel that stand taken by the respondent-State is totally unjustified. It is apparent from document Annexure P-1 that the petitioner's wife was admitted in the above said private hospital in an emergency condition. Certificate (Annexure P-1) reads thus :