AJIT KUMAR JAISWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Prashant Sinha, learned counsel appearing on behalf of the petitioner and Mr. Kumar Manish, SC-21 learned counsel appearing on behalf of the State.

(2.) The issue which is for consideration in the present writ petition is limited to the extent that the petitioner's out patient treatment bills in relation to open heart surgery and after scrutiny the amount of claim of Rs.2,76,260.00 has been only allowed to the extent of Rs.1,33,650.00. It is the merger balance of about Rs.1,38,610.00.

(3.) On 2/10/2010 while the petitioner was participating in the State Level Workshop at Bodh Gaya, he suffered heart attack and he was taken to Herritage Hospital, Varanasi. The doctor advised him for open heart surgery in either Delhi or at Gurgaon in Medanta Medicity Hospital. The petitioner vide his letter no. 01 dtd. 15/10/2010 sought urgent permission from the Director, ICDS, Bihar, Patna for getting conducted open heard surgery at Medanta Medicity Hospital, Gurgaon but he received no response. Then he again vide his letter dtd. 22/10/2010 requested the Secretary, Social Welfare Department, Government of Bihar seeking his permission for treatment in the Medanta Hospital, Gurgaon and he had specifically mentioned that his condition is getting worst and he is in urgent need of treatment/operation. He further stated in the aforesaid letter that he is not getting any appointment at All India Institute of Medical Science , New Delhi and as such he has been admitted in Medanta Hospital but the petitioner has received no response from the Department. Thereafter, the petitioner admitted on 21/10/2010 in the Medanta Hospital and his open heart/bypass surgery was conducted on 23/10/2010 and the total expenditure incurred in the aforesaid open hear/bypass surgery of Rs.2,72,260.00. The District Magistrate, Buxar vide his letter No. 01-0023 dtd. 4/1/2012 forwarded the application of the petitioner along with medical bills to the Secretary, Social Welfare Department, Government of Bihar, Patna. The Department has forwarded his medical bills of the petitioner to the Superintendent, Patna Medical College and Hospital and requested for submission of report regarding admissibility/correctness of the bills. The Superintendent, PMCH vide his Memo No. 4037 dtd. 14/3/2012 intimated the Department that the Medanta Medicity Hospital is not a recognized hospital by the Government and hence the petitioner may be paid only Rs.1,33,650.00 against the bills of the petitioner of Rs.2,76,260.00.