RAM NARAYAN SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner is a Class III employee under the State Government and at the material time he was posted as the Revenue Clerk (Karamchari) in the circle office, Jehanabad. in November, 1996 he suffered from some heart problem and on the advice of the local Doctor he came to Patna and was admitted in the Indira Gandhi Institute of Cardiology, PMCH. From the Indira Gandhi Institute of Cardiology, PMCH he went to Delhi and was treated at the All India Institute of Medical Sciences. The reference of his case for treatment at the All India Institute of Medical Sciences was made on the basis of the certificate of the authorised Medical Officer, a copy whereof is at Annexure -10 to the supplementary affidavit. It is, however, admitted that the petitioner was not examined by a Medical Board for reference of his case to All India Institute of Medical Sciences. But according to the petitioner it was an emergency and there was no time for making any request for constitution of the Board and then waiting for the report of the Board.

(2.) IT is the case of the petitioner that he incurred an expense of about Rs. 75,000/ - in his treatment at the All India Institute of Medical Sciences, New Delhi and he accordingly made a request for reimbursement of the medical expenses after grant of posr facto sanction for his treatment outside the State.

(3.) COUNSEL for the petitioner also relied upon a notification, dated 7.7.1987 which allowed treatment outside the State under certain circumstances.