SUDERSHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) In this writ petition under Articles 226/227 of the Constitution of India, the petitioner herein prays for quashing of the order annexure P/13 dated 21-8-1998 passed by the respondents. Vide this letter the respondents rejected the claim of the petitioner for reimbursement of the expenditure incurred by the husband of the petitioner on his medical treatment at Sir Ganga Ram Hospital, New Delhi. Vide letter dated 21-8-1998 the respondents gave just one reason for rejection of the claim of the petitioner, which reads as under :- "in reference to your letter dated 17-6-96 M. E. (2) dated 4-9-97 on the above subject. It is regretted that the government is unable to agree to the proposal of the department. "

(2.) The petitioner challenges this action of the respondents as being arbitrary, unreasonable and in fact contrary to the policy of the government. It is also pleaded that by its very acts and representations the State is estopped from withholding or rejecting the payment of the medical bills claimed by the petitioner.

(3.) In order to appreciate this contention, reference to basic facts would be necessary. Smt. Sudershan is the petitioner, who is widow of Shri Puran Desh who was working as Assistant in sub-Divisional Education Officer, at Rohtak, in the State of Haryana. The husband of the petitioner was suffering an ailment of renal failure. He was examined at PGI MS Rohtak in the year 1995 and was referred to All India Institute of Medical Sciences. New Delhi, hereinafter referred to as AIIMS, for treatment vide letter dated 16-10-1995. The reason given in the letter was that the dialysis facility was not available at PGI MS, Rohtak. On 30-10-1995 the AIIMs referred the husband of the petitioner to some other centre in view of the paucity of the space in AIIMS for regular dialysis, as medically required. The husband of the petitioner, left with no alternative and keeping in mind the urgency of the treatment, got himself treated from Sir Ganga Ram Hospital, New Delhi, After improving a little he submitted his bill for reimbursement on 15-3-1996. This claim was declined. The husband of the petitioner subsequently submitted bill for reimbursement. Vide letter dated 7-11-1996 reimbursement of the medical bill amount of Rs. 15426. 60 was accorded in connection with the treatment of the husband of the petitioner at Sir Ganga Ram Hospital, New Delhi. Copy of this letter is annexed as Annexure P. 4 to the writ petition.