RAJ KUMAR BHARTI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) Petitioners, who are husband and wife, have filed this writ application for quashing of letter dated 19.11.2001 issued from the Department of Health, Government of Bihar (Annexure-10) by which the claim of the petitioners for medical reimbursement has been rejected.

(3.) The case of petitioners is that some time prior to 2000, petitioner no. 2, the wife, developed some ailment in her kidney. She was placed under the treatment of Dr. U.S. Roy in the Department of Nephrology of I.G.I.M.S., Bihar, Patna. After clinical examinations it was detected that she was suffering from Chronic Renal Failure. In course of treatment the condition of petitioner no. 2 deteriorated and, therefore, she was recommended, vide Annexure-1 dated 4.9.2000, for kidney transplant and treatment to the Post Graduate of Medical Education and Research, Kolkata. Petitioner no.1 accordingly applied for sanction of advance before the respondents for the said kidney transplant of petitioner no. 2 as per the rules. The said application was considered and the sanction was accorded by the Government vide sanction order dated 31.1.2001 (Annexure-2). Petitioners, thereafter, proceeded to Kolkata and contacted the Doctor in the Hospital there.