ONKARESHWAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Pleadings being complete, with consent of parties, the writ petition has been heard for final disposal at this stage itself.

(2.) At the time when the writ petition was filed Petitioner was Director, Statistics and Evaluation, Bihar, Patna. The dispute is with regard to the liability of the State to reimburse cost related to specialized medical treatment outside the State.

(3.) The basic facts are not in dispute. Petitioner in 1999 was diagnosed with coronary artery disease and recommended for treatment at Delhi. The Petitioner applied and Medical Board examined. Petitioner went to Escorts Heart Institute and Research Centre (EHIRC), New Delhi. Thereafter, angioplasty was performed and he made complete recovery and returned to Patna. As against the total medical expense bill of about Rs. 1,61,000/- the Petitioner was reimbursed only Rs. 1,05,000/-. The deductions said to be on two counts (1) he could not be permitted to travel by air with attendant and as per T.A. Rules he could only be reimbursed second class AC train fare without attendant, and (2) that payment could only be made at the rate prevailing in the All India Institute of Medical Sciences, New Delhi.