SAPUT SAHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Petitioner has approached this Court praying for issuance of writ in the nature of certiorari to quash the recommendation and order of sanction (P-5 and P-6) and further prayer is for issuance of direction to the respondents to reimburse the complete amount spent by the petitioner on medical treatment of his wife to the petitioner excluding any deduction except the amount already reimbursed.

(2.) Brief facts that would require notice are that petitioner retired from the department on 31.07.2011 from the post of Quality Control Inspector (HAS II) on attaining the age of superannuation. On 04.01.2011, his wife became suddenly serious and the daughter of the petitioner got her mother admitted in Fortis Hospital Noida and she remained admitted in hospital from 04.01.2011 to 10.02.2011 as an indoor patient. Unfortunately she died on 10.02.2011 in the hospital. An amount of RS. 1,041,840.95 was incurred by the petitioner on the treatment of his wife, vide bill issued on 10.02.2011 (P-2).

(3.) The daughter of the petitioner was having a mediclaim policy No. 500300/48/10/41/00000083 dated 14.12.2010 from Medi Assist India TPA Pvt. Ltd through her company and on claim made by the daughter of the petitioner, the Insurance Company made a payment of RS. 2,69,505.00 through cheque Mno. 797764 dated 26.04.2011 plus paid taxes of RS. 29.945.00 (total RS. 2,99,450.00). Thus, the petitioner has paid RS. 7,42,390.00 from his own pocket to the Fortis Hospital. Copy of the claim settlement dated 27.04.2011 is Annexure P-3.