SEEMA RANA Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) Challenge in this appeal is to the order dated Feb. 6, 2001 of the learned Single Judge whereby the writ petition of the appellant claiming compensation was dismissed.

(2.) Following prayer is made by the appellant in the writ petition :

(3.) It is averred in the writ petition that husband of the appellant Dr. Vir Raghvendra Rana (for short 'Dr. Rana'), an employee of State Government, was posted as Associate Professor in Surgery at Sawai Man Singh Medical College & Hospital Jaipur. Looking to his duties Dr. Rana was advised to take vaccine of Engerix-B of Smith Kline Beecham as protective measures. The vaccines were administered to him in three phases i.e. first on Jan. 27, 1993, second on March 3, 1993 and third on July 29, 1993. On March 14, 1994 Dr. Rana was directed to perform his duties at Kota to look after huge 5 burn cases at Baran. Vide another order dated March 20, 1995 Dr. Rana alongwith his team was directed to perform his duties at Rawatbhata to conduct Epidemiological surgery from March 26, 1995 to March 31, 1995. Despite vaccination, Dr. Rana suffered from the disease relating to Hepatitis. The Principal and Controller vide order dated June 24, 1994 constituted a 0 panel of three Specialists. The panel after medical examination opined that Dr. Rana was suffering from Hepatitis which could lead to life threatening complications like cirrhosis of liver and liver malignancy. The Committee opined and advised Interferon Therapy for six months and the estimated cost of treatment of Rs.2 lacs was recommended. The matter was further referred 5 to G.B. Panth Hospital New Delhi. During the course of treatment at G.B. Panth Hospital New Delhi Dr. Rana died on Sept. 21, 1995 due to abovesaid disease and certificate to this effect was issued by Professor Dr.S.K.Sarin. After the death of Dr. Rana, looking to the seriousness of the disease and fatal outcome, the Committee made following suggestions :