Tapan Kr. Dey S/o Lt. Paresh Ch. Dey v. State of Tripura, Represented by its Secretary-cum-Commissioner, Health and Family Welfare Department
2017-07-28
S.TALAPATRA
body2017
DigiLaw.ai
JUDGMENT AND ORDER : 1. Heard Mr. A. Bhowmik, learned counsel appearing for the petitioner as well as Ms. R. Purakayastha, learned counsel appearing for the respondents. 2. The grievance in this writ petition falls within a short compass. In a critical condition, the petitioner, having been discharged from the Agartala Govt. Medical College and GBP Hospital, got admitted in the ILS Hospitals, Agartala on 24.01.2015 and he was discharged from the said hospital on 04.02.2015. On 25.01.2015, on the day of admission the petitioner was diagnosed as suffering from double vessel CAD presented as acute extensive anterior wall MI in LVF in sinus rhythm, not thrombolysed due to delayed presentation with severe LV dysfunction Ej approx 25%. The operation called PTCA was done by placing stent to LCx and LAD on 01.02.2015, as gathered from the discharge summary dated 04.02.2015 (Anenxure-P2 to the writ petition). 3. Having discharged from the said hospital, the petitioner who is a Group-C employee working as the UD Clerk in the Office of the Sub-Divisional Magistrate, Sonamura, Sepahijala District raised the claim for reimbursement for the expenses that he had incurred for taking treatment in the ILS Hospitals, Agartala. 4. From the bill dated 04.02.2017 (Anenxure-P3 to the writ petition) it appears that the ILS Hospitals charged him Rs. 2,89,601/- as the petitioner was not referred to the said hospital by the Standing Medical Board. It has been also pointed out by Mr. Bhowmik that ILS Hospitals, Agartala is the referral hospital of the Government of Tripura. It has been also submitted that for the referral patient ILS Hospitals claims lesser charge for the service provided by them. 5. From the medical records, it appears that the petitioner was suffering critically and unless he was intervened by the ILS Hospitals his health could have been endangered. In view of this, the principle as laid down in Surjit Singh vs. State of Punjab, (1996) 2 SCC 336 would be applicable in the present case of the petitioner. The petitioner cannot be reimbursed the entire expenses as incurred by him in the said ILS Hospitals, Agartala. The petitioner will be entitled to that amount which could have been charged had the petitioner been referred by the Standing Medical Board, AGMC & GBP Hospital, Agartala. 6. In view of this, the petitioner shall furnish medical reimbursement bill afresh with all necessary documents and following the formalities.
The petitioner will be entitled to that amount which could have been charged had the petitioner been referred by the Standing Medical Board, AGMC & GBP Hospital, Agartala. 6. In view of this, the petitioner shall furnish medical reimbursement bill afresh with all necessary documents and following the formalities. Such bill shall be raised as per the format in terms of the Civil Services (Medical Attendant) Rules, 1965 as adopted in the State of Tripura. Thereafter, the respondents shall release the amount to the extent as would have been charged if the petitioner was referred to the ILS Hospitals, Agartala. The respondents shall make payment within a period of three months from the date of submission of bill. 7. Ms. R. Purakayastha, learned counsel has however submitted that since there is no reference as per the rules, the petitioner is not entitled to get any reimbursement. But this is acceptable to this Court in view of Surjit Singh (supra) which states that such action would violate Article 21 of the Constitution of India. 8. In terms of the above, this writ petition stands allowed. There shall be no order as to costs. 9. A copy of this order be furnished to Ms. R. Purakayastha, learned counsel for the respondents for onward transmission.