ORDER Bakhshish Kaur, J. (Retd.) Chairman - The applicant has preferred this original application against the impugned office order dated April 11, 2000 whereby his claim for medical reimbursement for Rs. 1,78,200/- has been rejected. 2. Shorn of unnecessary details facts giving rise to the original application are that the applicant a retiree from Education Department of Himachal Pradesh had gone to Delhi to attend a family function in March, 1998. Suddenly he fell ill due to heart problem and as a emergency case he was admitted in the Escort and Research Institute Okhla Road New Delhi. His wife immediately informed the Director of education, respondent No. 2 regarding the ailment of the applicant. After diagnosis open Heart Surgery was done on March 27, 1998 in Escort Heart Institute where he remained admitted after April 2, 1998. Ex-post permission to get the treatment outside the State was also granted by the Director of Health Services vide letter dated August 3, 1999. All the codal formalities were completed. Even then the respondents have not released the payment of medical reimbursement. Instead vide impugned order he has been informed that he is not entitled for medical reimbursement. 3. The maintainability of the original application claiming reimbursement is assailed on the ground that the department of Health and Family Welfare vide its letter dated February 12, 1997 has de-recognised the Escort Heart Institute. The employees/pensioners of Himachal Pradesh Government who have taken treatment from Escort are not entitled to reimbursement, even after permission to take treatment has been given on or after February 12, 1997. Rest of the claim has been resisted mainly on the ground that on account of de-recognistion of Escort, the applicant is not entitled to reimbursement of the medical claim. 4. We have heard Shri Onkar Jairath Advocate for the applicant and Ms. Abhilasha Kumari Addl. Advocate General for the respondents. 5. Annexure-A/1 is a letter sent by the wife of the applicant addressed to the Director of Education informing about the illness and that bye pass surgery has been conducted, therefore, vide letter Annexure A/2 the applicant applied for reimbursement of the amount. It is dated June 4, 1998. Numerous documents placed on record also established the facts that the applicant had submitted all the medical bills.
It is dated June 4, 1998. Numerous documents placed on record also established the facts that the applicant had submitted all the medical bills. Respondents on the other hand are not resisting the claim of the applicant on the ground that no documentary evidence was furnished. In fact their consistent stand is that Escort Hospital was de-recognised. Therefore, he is not entitled. 6. Ex-post permission to get the treatment outside the State was also granted by the Director of Health Services vide letter dated August 3, 1999. Thus, the respondents cannot be allowed to back tracking from its own policy of recognizing the Private Hospitals and Institutes for treatment of its employees which is wholly unjust and in this regard reliance can be placed on Waryam Singh v. State of Punjab and others, Punjab and Haryana 1996(4) SLR 177. It was also observed that State was not justified to say that expenses for reimbursement should be limited to the rules prescribed by All India Institute of Medical Sciences. 7. In Amar Nath Dhingra v. State of Punjab (P&H) 1997(5) SLR 439, the petitioner had a sudden heart battack on August 16, 1995 and immediately he was rushed to Batra Hospital and Medical Research Centre New Delhi and it was observed that in a position his claim for medical reimbursement is not to be opposed by the State on the ground that he did not obtain pre-approval from District Medical Board. It is further observed that "the patient if waits for pre-approval for undergoing treatment, we are sure the said approval will be given only after the patient reaches the other word." 8. A somewhat similar matter was decided by this Tribunal which is reported as Leela Devi v. State of HP. and others, Latest HLJ 2002 (Vol. I) (HP) 631. There also the applicant got treatment from Escort Heart Institute New Delhi as he was referred by the Director of Health Services on the advise of Doctor at the Escort Institute, the applicant underwent open heart surgery and before that he was required to deposit a sum of Rs. 1,78,000/-. Request for sanction of Rs. 1,78,000/- was not accepted, only a sum of Rs. 58,000/- was released as medical advance. Lateron, the claim of the applicant was allowed with direction to the respondents to pay the full amount. 9.
1,78,000/-. Request for sanction of Rs. 1,78,000/- was not accepted, only a sum of Rs. 58,000/- was released as medical advance. Lateron, the claim of the applicant was allowed with direction to the respondents to pay the full amount. 9. In State of Punjab and others v. Mohinder Singh Chawla and others, 1997(2) SCC 83 also referred in Leela Devis case supra it has been observed as under :- "It is now settled law that right to health is integral to the right to life. Government has a constitutional obligation to provide health facilities. If the Government servant has suffered an i ailment which requires treatment at a specialized approved hospital and on reference where at the Government servant had undergone such treatment therein, it is but the duty of the State to bear the expenditure incurred by the Government servant. Expenditure, thus, incurred requires to be reimbursed by the State to the employee 10. From the factual scenario as analysed in the background of the legal position highlighted above, the inevitable conclusion is that the applicant is entitled to reimbursement of full amount of Rs. 1, 78,200/-which he has spent on his treatment at Escort Heart Institute. Thus the original application is allowed with a direction to the respondents to reimburse the entire amount along with interest @6% within three months. In case, the respondents fail to reimburse the amount within the stipulated period, the applicant will be entitled to interest @"I2% from the date it became due till its realisation.