HARI PAL THAKUR Vs. STATE OF H.P

JUDGEMENT

(1.) By means of this petition, the petitioner has prayed that the respondent-State may be directed to pay the entire amount of his medical bills. Briefly stated the facts of the case are that according to the petitioner, he suffered serious heart ailment and had to undergo open heart surgery at Apollo Hospital, Delhi. He sought ex-post facto sanction for his treatment in a hospital outside the State of H.P. While granting permission, it was clearly stated that the permission was subject to the condition that the charges would be restricted as per the rates approved at the All India Institute of Medical Sciences (AIIMS), New Delhi.

(2.) The appellant underwent an operation at the Apollo Hospital, Delhi and claimed total medical reimbursement of more than Rs. 3,22,715/-.

(3.) Sh. G.R. Palsra, learned Counsel for the petitioner relying upon the judgments of the Apex Court in Surjit Singh v. State of Punjab and Others, 1996 AIR(SC) 1388 and State of Punjab and Others v. Mohinder Singh Chawla, 1997 AIR(SC) 1225 urges that the petitioner is entitled to full reimbursement of the entire amount. Reliance is also placed by Sh. Palsra on the decision of the Apex Court in Suman Rakheja v. State of Haryana and Another, 2006 SCC(L&S) 890.