RAVI KANT Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER Ravi Kant who is Secretary in the Sirsa Central Co-operative Bank Limited, Branch Mandi Dabwali, Tehsil and- District Sirsa has prayed for the issuance of writ, order or direction especially in the nature of mandamus directing the respondents to make payment of Rs. 1,13,400. 55 P. to him with 18% interest on account of the expense incurred by him on his treatment represented by medical bills Annexures P-2 to P-9. He has prayed that interest should be awarded to him from the date when the said bills were submitted. He has further prayed that an interim relief to the tune of Rs. 9,000.00 per mensum be also sanctioned to him on account of expenses which he is incurring on his treatment every month. It is alleged in this writ petition that he was suffering from kidney failure. He remained on dialysis in the P. G. I. Chandigarh from 17. 5. 1995 to 19. 2. 1996. Earlier he got dialysis at Chandigarh Dialysis Centre, Sector 16, Chandigarh on 11. 4. 1995. His brother donated kidney for saving his life. His brother's kidney was transplanted on him on 20. 2. 1996. Upto 24. 6. 1996, he remained under the supervision of Nephrplogist in P. G. I. Chandigarh when he was allowed to join duty. On 26. 6. 1996 he joined duty with the Sirsa Central Co-operative Bank Limited. Respondents paid medical expenses to the tune of Rs. 1,41,000.00 incurred by him during the period 20. 2. 1996 to 24. 6. 1996. Under the medical advice of the doctors of P. G. I. , Chandigarh, he is taking medicine worth about Rs. 9,000.00 in a month which is a regular feature. Respondents are not making payment of the amount incurred by him on his treatment as represented by medical bills Annexure P2 to P9 totaling Rs. 1,13,400. 55 P. He submitted these bills as counter-signed by the Registrar, Department of Nephrology, P. G. I. Chandigarh as well as Medical Superintendent, P. G. I. Chandigarh. It has been certified by the Nephrologist of P. G. I. Chandigarh that these medicines are absolutely essential for keeping him alive. These medicines are life saving for him. Medicines which the petitioner is taking are a must for the survival of graft. It is alleged that the Govt. of Haryana is discriminating with him inasmuch as they are not paying him an amount spent by him on his treatment saying that it is out-door expenditure whereas they have allowed this expense incurred by one Sudarshan Lal working in the Haryana State Electricity Board, Mandi Dabwali. Medical bills, sanctioned in favour of Shri Sudarshan Lal are Annexures P-11 and 12. In nut shell, the grievance of the petitioner is that the respondents should reimburse him for the medical expense which he incurs or which he has incurred on his treatment as an out-door patient and the respondents should not refuse his claim on the spacious plea that the same is admissible only to in-door patients when his case is a case of chronic renal failure.

(2.) RESPONDENTS 2 and 3 contested this petition urging that no writ petition is maintainable as the rules which are stated to be in force are not applicable to respondents 2 and 3. Respondent No. 2 is a society governed by the provisions of Haryana Co-operative Societies Act, 1984 as amended upto date. There is no provision under the Common Cadre Rules of the bank to reimburse for medical expenses. Provisions of Punjab Services Medical Attendance Rules, 1940 (as applicable to the Haryana Government Employees) are not applicable to the case of the petitioner. As per the rules when the petitioner is getting Rs. 100.00 per month as fixed medical allowance with his salary, he is not entitled to any medical expenses incurred by him as an out-door patient. He is drawing Rs. 100.00 per mensem as medical allowance in lieu of what he is incurring or he may incur on the treatment of his family as out-door patients or on his own treatment as outdoor patient.

(3.) IN this case, we are required to decide whether the petitioner can claim to be reimbursed for the medical expense which he incurs or which he may have to incur to the tune of about Rs. 300.00 daily as an out-door patient. In medical bills Annexures P-2 to P-9, doctor has certified that the medicines prescribed by him were absolutely essential for the recovery of the patient/prevention of serious deterioration in the condition of the patient. Doctor has certified that he is suffering from chronic renal failure/esrd. He has also certified that the medicines are not in the nature of tonic or food or vitamins etc. and the medicines have no cheaper and effective substitute. In Punjab Services Medical Attendance Rules, 1940, as applicable to Haryana Government employees treatment has been defined as follows :rule 2 (3 ). "treatment" means the use of all medical and surgical facilities available at the Hospital in which a Government servant is treated and includes : (i) the supply of all such medicines and vaccines (as are in the price lists of the Medical Store Depot) and such medical comforts as are certified by the Civil Surgeon to be necessary but no alcoholic stimulants ). (ii) Such special treatment including electrical treatment and X-ray examination as is certified by the Civil Surgeon to be necessary and which may be provided by the staff of the Hospital. (iii) such accommodation as is ordinarily provided in the Hospital and is suited to the status of the government servant; (iv) the services of such nurses as are ordinarily employed by the Hospital but does not include diet, or treatment by Specialists, who are not on the staff of the Hospital, provided that; If the Authorised Medical Attendant is of the opinion that the case of the patient is of such a serious or special nature as to require medical attendance by some person other than himself, or that the patient requires Anti-rabic treatment; he may, with the approval of the Director, Health Services, East Punjab which shall be obtained before hand unless the delay involved, entails danger to health of the patient; (a) send the patient to the nearest Specialist or other Medical Officer in the Province by whom in his opinion, Medical attendance is required for the patient or in the case of anti-rabic treatment to the nearest station in the Province, where such treatment is available; (b) if the patient is too ill to travel, summon such Specialist or other Medical Officer to attend upon the patient. A patient sent under sub-clause (a) of clause (iv) above shall, on production of a certificate in writing by the Authorised Medical Attendant in this behalf be entitled to travelling allowance for the journey to the headquarters of the Specialist or other medical Officer and back".