NILIMA AMBESTHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is yet another case in which respondents have taken a heartless approach in rejecting the medical reimbursement bills of the deceased employee mechanically taking a ground that he had not obtained prior permission before moving outside State for specialized treatment. Therefore, the deceased employee had filed this writ application before this Court for a direction to the respondents to exercise their discretion in terms of the provisions of Rule 26 of the Bihar Medical Attendance Rules, 1947, (hereinafter referred to as the 'Rules'), and give post facto sanction to the medical treatment undertaken by him outside the State and reimburse the medical bills. Unfortunately, he died during the pendency of the writ application and has been substituted by his wife, the present petitioner. In this order, reference of 'petitioner' shall be made in respect of the original petitioner.

(2.) Short facts are that the petitioner was diagnosed of heart ailment some time in February, 2008 by the local doctors. He accordingly applied for medical leave. While he was about to proceed for treatment, he suffered massive heart attack on 8.4.2008. He was immediately rushed to Indira Gandhi Institute of Cardiology, a wing of Patna Medical College and Hospital. On 11.4.2008 he was discharged and later on he was admitted in Heart Hospital, Kankarbagh. The doctors at Heart Hospital found that the petitioner required specialized treatment and therefore they referred him to All India Institute of Medical Sciences (AllMS), New Delhi, Petitioner rushed to Delhi, but on account of heavy rush and long queue, he could not be admitted there. Hence he got himself admitted in Apollo Hospital, Delhi, where he underwent bypass surgery. Cost of entire treatment was paid by the petitioner from his own pocket.

(3.) It is stated that before proceeding- petitioner had applied before the concerned authorities for permission and for release of advance salary. The said request of the petitioner was forwarded by respondent no. 3 to respondent no. 2 vide memo dated 21.4.2008 as contained in Annexure-1. On return from Delhi, petitioner submitted his medical bills for reimbursement vide Annexure-2 series. Some queries were made from the petitioner with regard to his application as he had not obtained prior permission. In view of the query, petitioner re-submitted his bills duly countersigned and certified by the authorities of the concerned Hospitals where he had undergone treatment, copies whereof are Annexure-4 series. On receipt of the bills, respondent nos. 2 and 3 referred his bills to the Superintendent, Patna Medical College and Hospital for verification. The same was accordingly examined by a Committee in the Patna Medical College and Hospital and was certified as correct and was held that the petitioner was entitled for reimbursement of an amount of Rs.1,43,500/- and recommendation was made through letter, as contained in Annexure-5, for release of the said amount to the petitioner.