Punjab-Haryana High Court
Gurdial Singh vs State Of Haryana And Another on 8 November, 2012
Author: Rakesh Kumar Garg
Bench: Rakesh Kumar Garg
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Civil Writ Petition No.11731 of 2006 (O&M)
Date of decision: 8th November, 2012
Gurdial Singh
Petitioner
Versus
State of Haryana and another
Respondents
CORAM: HON'BLE MR. JUSTICE RAKESH KUMAR GARG
Present: Mr. S.K. Sud, Advocate for the petitioner.
Ms. Aakanksha Sawhney, Deputy Advocate General, Haryana
for respondent No.1.
None for respondent No.2.
RAKESH KUMAR GARG, J. (ORAL)
By filing this writ petition, the petitioner is claiming issuance of a writ in the nature of mandamus directing the respondents to reimburse the balance amount of ` 55,259 (being 25% of the total) on account of the medical charges incurred by him on the treatment of his wife and the other amounts for purchase of medicines etc. As per the averments made in this petition, wife of the petitioner was operated for Coronary Artery Disease (CAD) in Escorts Heart Institute and Research Centre, New Delhi, which is a recognized hospital for getting treatment by Haryana Government. She remained admitted from 03.08.2001 to 16.08.2001 and a total sum of ` 2,05,258.40 was incurred as expenses for her medical treatment, for the reimbursement of which the institute duly issued essentiality certificate. Civil Writ Petition No.11731 of 2006 2
It is the further case of the petitioner that he submitted medical reimbursement claim duly completed in all respects to respondent No.2 on 18.10.2001 however, after a number of representations, a sum of ` 1,49,964 only (representing about 75% of the medical expenses incurred) was sanctioned by respondent No.1. The said amount was paid in installments upto 19.03.2004. It is further case of the petitioner that he purchased medicines for a sum of ` 2,981, the claim for which, was rejected on the ground that the same were not purchased from the Super Bazar, whereas according to the petitioner there is no Super Bazar at Yamunanagar.
It is the further case of the petitioner that since the hospital, from which the treatment was taken, is duly recognized by the State of Haryana, the petitioner is entitled to full reimbursement as claimed and the withheld amount is liable to be released to him.
However, in the written statement filed on behalf of the State, a defence has been taken that under the instructions of the State only 75% of the amount as verified by the Escorts Hospital, was liable to be paid by the Government. However, no such instructions have been placed on record of the case. It may further be noticed that in 'Vidya Sagar v. The Secretary to Government, Haryana, Medical and Health Department' (CWP No.19081 of 2003, decided on 22.07.2004), a similar argument was raised before a Division Bench of this Court but the same was not accepted. In the written statement, the respondents have not doubted the correctness of the aforesaid judgment.
It may further be noticed at this stage that no one is present on behalf of the respondent-Municipal Council to raise any other argument to contest the claim of the petitioner, as argued before this Court. Civil Writ Petition No.11731 of 2006 3
In this view of the matter, this Court has been left with no other option but to allow the instant writ petition holding that the petitioner is entitled to an amount of ` 55,259 plus ` 2,981. Keeping in view the facts and circumstances of the case as well as the fact that the aforesaid amount has been denied to the petitioner at the time when it was needed most, this Court is inclined to grant interest in favour of the petitioner on the said amount @ 6% per annum with effect from the date of submission of the bills i.e. 18.10.2001 till the date of realization of the amount.
Let the amount, as aforesaid, be paid to the petitioner within three weeks from the date of receipt of a certified copy of this order.
The writ petition is allowed in the above terms.
(RAKESH KUMAR GARG) JUDGE November 8, 2012 rps