ASHOK BAPNA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner was employed by the State Government as Social Scientist in the Medical & Health Department. On 13. 7. 1998 and 3. 8. 1998 he suffered to heart attacks. He was admitted in the SMS Hospital for treatment. THE Principal of SMS Hospital constituted a medical board comprising of Dr. K. S. Yadav, Dr. R. K. Saxena and Dr. S. K. Chuttani. Two members of the medical board were of the opinion that the petitioner should undergo Thallium Studies And Related Investigations at Escorts Heart Institute, New Delhi. THE recommendation of the board, to the extent it is relevant, reads as under:- " He needs further evaluation by stress thallium studies and related investigations and Coronary Angiography and subsequent Angiography/cabg, if indicated. As these facilities are not available in Rajasthan State, so he may be referred to Escorts Heart Institute, New Delhi. " THE petitioner, pursuant to the medical boards's recommendation, proceeded to Delhi and got himself admitted in the Escorts Heart Instituted on 20. 8. 1998. On 21. 8. 1998 he underwent coronary angiography. On availability of the result of the angiography he was advised by the Escorts Heart Institute to undergo early angioplasty. Accordingly he underwent the angioplasty on 22. 8. 1998 at Escorts Heart Institute. THEreafter on 28. 8. 1998 he was discharged from the hospital. It appears that the petitioner incurred a total expenditure of Rs. 1,66,930/- on investigations and treatment. THE petitioner made a representation 3. 5. 2002 to the State for reimbursement of the aforesaid amount. By letter dated 14. 5. 2002 of the Deputy Secretary to the government a sum of Rs. one lac was sanctioned in favour of the petitioner against the medical claim of Rs. 1,66,930/- THE petitioner being aggrieved of the fact that an amount of Rs. one lac was sanctioned against the claim of Rs. 1,66,930/-, has filed the instant petition.

(2.) IT is not disputed that two members of the medical board, constituted by the Principal of SMS Hospital, were of the opinion that the petitioner needs evaluation by Stress Thallium Studies & Related Investigations and angiography & angioplasty, if indicated. Since the facilities were not available in Rajasthan, the medical board was of the opinion that the petitioner be referred to Escort Hospital at New Delhi. Since the medical board had referred the petitioner to the Escorts Heart Institute, New Delhi on the ground that the treatment was not available in the State, the petitioner in order to preserve his life, got himself admitted in the Escorts Heart Institute where after investigations he underwent angioplasty. There is no dispute that the Escorts Heart & Research Centre was one of the hospitals approved for treatment of heart ailment outside the State of Rajasthan. In the circumstances, therefore, the petitioner was entitled for reimbursement of the amount, which he spent for his treatment at the Escorts Heart Institute, New Delhi.

(3.) THUS it is apparent from the aforesaid decisions that a government officer is entitled to treatment outside the State when his case has been referred to a particular hospital for treatment.