LAWS(PAT)-2011-10-64

BANWARI PANDEY Vs. STATE OF BIHAR

Decided On October 24, 2011
Banwari Pandey Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) In this writ application, the petitioner, a retired Assistant Teacher of a Government Middle School in the district of Bhojpur, has made a prayer for payment of balance amount of expenditure incurred in course of his medical treatment by way of installation of Pacemaker in Indira Gandhi institute of Cardiology, Patna, hereinafter referred to as I.G.I.C.

(3.) Learned counsel for the petitioner has submitted that the petitioner, on account of suffering from severe cardiac problem, was referred to I.G.I.C., a specialised wing of Patna Medical College and Hospital and treated over there as an indoor patient in between 2.9.1992 to 10.9.1992, during which a Pacemaker was inserted in his body by way of his treatment for regulating his heart beat. He has also submitted that after completion of such treatment, the petitioner had submitted his medical bill for reimbursement for a total sum of Rs. 37,084/- in which the cost of the Pacemaker of 'Siemens' make itself was Rs. 34,000/-. The said bill for reimbursement of the total expenditure incurred by the petitioner to the tune of Rs. 37,084/- was duly verified and certified by the Director, I.G.I.C. but its reimbursement as per Government order dated 12.5,1993 (Annexure-2) was restricted to Rs. 20,642.90/- only in which the cost of Pacemaker was slashed down from Rs. 34,000/- to 18,000/- on the ground that the Government in the year 1956 had fixed the cost of Pacemaker as Rs. 18,000/-only and as such Government was not liable to reimburse the total cost of such Pacemaker being Rs. 34,000/-.