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1. This judgment will dispose of Civil Writ Petition No. 18333 of 1995 as well.

2. The petitioner prays for quashing of the orders dated 24.2.1999 and 9.3.1999 Annexure P-2 and also for issuance of a direction to the respondents to sanction and reimburse medical bill amounting to Rs. 1,49.470.90 for transplanting kidney and follow-up treatment. He also claimed interest on the payment which has been declined to him.

3. The factual matrix of the case is that the petitioner is working as Deputy District Attorney in the Excise and Taxation Department. In January, 1993, he got kidney transplantation in Bombay. The medical bills were submitted for sanction and reimbursement but the same was not sanctioned. Thus, he filed Civil Writ Petition No. 2637 of 1995, which was disposed of by this Court with a direction to the respondents to dispose of the claim by passing a speaking order. The respondents rejected his claim, therefore, he had filed another Civil Writ Petition No. 18333 of 1995.

Further, due to financial difficulty and lack of medical facilities, the translated kidney stopped working during July/August, 1997 and the petitioner has to rush to All India Institute of Medical Sciences, New Delhi (in short the AIIMS) for treatment and revival of the kidney and remained under treatment for more than four months. Ultimately, the doctors at AIIMS advised for second transplant and meanwhile, put the petitioner on dialysis. The attending doctors at AIIMS disclosed that there is a long queue of patients for kidney transplant and the petitioner will have to wait for 9/10 months. Since the condition of the petitioner was not good to wait for such a long period, thus on the advice of the doctors that he should undergo an operation in some private hospital and that Ganga Ram Hospital at New Delhi is cheaper than other hospitals at Delhi, he got the kidney transplant from Ganga Ram Hospital, New Delhi in May, 1998 and incurred a total expenditure of Rs. 4,45,292.90 including the expenditure incurred on purchase of medicines including life saving medicines, the clinical tests, doctors fee and travelling expenses as per entitlement as per details given below:-

(1) Indoor treatment from 21.01.98 to 20.10.98 Rs. 2,32,598.00 (2) Outdoor treatment from 02.02.98 to 08.01.99 Rs 1,16.872.90 (3) Expenses of Donor (Borne by petitioner) Rs. 58,379.00 (4) Traveling expenses (January 98 to December Rs. 38,425.00 Total Rs. 4.46,292.90 The petitioner has no other source of income except the monthly salary which is not sufficient to meel the expenses of kidney transplant and follow up treatment. He had also raised loan of Rs. five lakhs at the rate of 18 per cent per annum interest for the purpose of transplant operation and follow up treatment.

13. It is submitted on behalf of the petitioner that he cannot be denied the right of reimbursement of full medical expenses simply on the ground that he was operated upon in a private hospital, namely Sir Ganga Ram Hospital, New Delhi, which is not recognised by the Haryana Government. The explanation for the same is that the doctors at the AIIMS had advised him that since there was a long queue of patients for kidney transplantation and his number would come after 8-9 months in July/August 1997, therefore, on account of emergency due to renal failure, he had to rush to AIIMS for treatment and revival of kidney. He would not wait for such a long time. On account of the inability expressed by the doctors at AIIMS, he had no other alternative but to shift to Sir Ganga Ram Hospital for kidney transplant.