LAWS(J&K)-2017-5-74

BADER HUSSAIN Vs. STATE AND ORS.

Decided On May 17, 2017
Bader Hussain Appellant
V/S
State And Ors. Respondents

JUDGEMENT

(1.) The petitioner challenges the Govt. Order No. Home-153 of 2013 dated 08.04.2013 to the extent the same sanctioned reimbursement of medical expenses in respect of the treatment of the petitioner's son by restricting the cost of items/procedures admissible under rules to the extent of rates applicable to such items/procedures at PGI Chandigarh.

(2.) With a view to understand the background in the light of which the present controversy has arisen, it is deemed appropriate to narrate some of the material facts in brief:

(3.) The petitioner is serving as Deputy Superintendent of Police (Ministerial) in the Jammu and Kashmir Police. In the year 2012, the petitioner's son, who was studying in Class 12th, received serious head injuries because of a fall on account of which he was shifted to the Govt. Medical College, Jammu. Looking to the serious nature of complications and the injuries, the Associate Professor of the Government Medical College, referred the patient to a centre where a Neuro Surgeon and ventilator support was available, as is reflected in the reference report, which is on record. One of the reasons for making such a reference was that there was no bed available in the ICU for making available the necessary patient care to the patient. The referral is also stated to be with the approval of the Principal of Govt. Medical College, Jammu as well.