RAM AWATAR GUPTA Vs. STATE

JUDGEMENT

(1.) THE petitioner is working as Male Nurse Gr. II at Primary Health Centre, Sirsi District Jaipur. His wife Smt. Mithlesh Gupta fell sick and was examined by Dr. Hemant Malhotra, who was of the view that she was suffering from Chronic Myeloid Leukaemia disease and was advised for being given injection Interferon A Chemotherapy which was essential for treatment. THE injections are very costly and the petitioner sent a letter to the Chief Medical & Health Officer for giving him advance amount for the purpose of purchasing the injections above said and other medicines which are essential for the treatment of his wife as advised by the treating doctor. On receipt of the said letter, the Medical & Health Department of the State of Rajasthan (the respondent No. l) wrote to the Financial Advisor of the department vide letter dated 8. 11. 1994 (Annx. 1) to forward the opinion of the Medical Board along with the letter sent by the petitioner. Vide order dated 9. 12. 1994 Medical Board consisting of Dr. Kunal Kothari, Professor of Medicine, Dr. Hemant Malhotra, Assistant Professor of Medicine and Dr. Sandeep Jain, Assistant Professor of R. THErapy was constituted and after examination the members of the Board opined that the wife of the petitioner was suffering from Chronic Myeloid Leukaemia (CM) and recommended that she should receive injections Interferon A Chemotherapy and the cost of such treatment is approximately Rs. 20,000/- per month and the treatment was to be continued at least for 12 months. After receipt of this opinion, the petitioner's wife was referred to the All India Institute of Medical Sciences, new Delhi (the Institute) for opinion and guidance for her treatment by the principal of the SMS Medical College, Jaipur (respondent No. 2) and vide letter dated 5. 1. 1995 (Annex. 5) the information was forwarded by the Institute with the recommendations that the matter be referred to the Tata Memorial Hospital, Bombay and, in the meanwhile, the treatment should be continued at Jaipur and the Interferon treatment would cost Rs. 2 to 2. 40 lakhs for a year. THE wife of the petitioner was taken to the Tata Memorial Hospital in Bombay, which, vide letter dated 8. 2. 1995 (Annex. 6) wrote to the respondent No. 2 that it was diagnosed that the wife of the petitioner was suffering from Chronic Myeloid Leukaemia and it was recommended that she should be given injections Intron 3 million units SC daily for six months. Another Medical Board consisting of Dr. V. S. Baldwa, Professor and Head of the Department of Medicine, Dr. P. K. Wanchoo, Professor & Head of Department of Surgery and Dr. Nilima Dhar, Professor & Head of Department of Pathology was constituted vide order dated 16. 2. 1995 (Annex. 9) and the Board submitted its report (Annex. 10) recommending that wife of the petitioner should be administered injections Interferon A Chemotherapy and the cost thereof was approximately Rs. 2,36,880/- for her treatment for six months which was the minimum period of treatment according to the opinion of the Medical Board. THEreafter, correspondence has continued but no amount has been sanctioned to the petitioner, who is entitled to free medical treatment in accordance with the Rajasthan Civil Services (Medical Attendance) Rules, 1958. THE petitioner finding no way out, has approached this court by filing this writ petition.

(2.) THE notice of the writ petition was served on the respondents, but no reply has been filed.