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Judgment
Through this petition, the petitioner has claimed medical reimbursement of the expenses incurred by him on treatment.
This Court vide detailed interim order dated 6.7.2007 has directed the respondents to consider the case of medical reimbursement of the
petitioner in view of the law laid down by various Courts on this point. Applying the principles laid down in the earlier judgment, the respondents
have paid a sum of Rs.42,058/- as medical reimbursement, had the petitioner undergone this treatment from a Government Hospital.
While arguing before this Court, learned counsel for the petitioner has pointed out that, in fact, the petitioner has incurred the expenses more
than Rs.1 Lac on treatment. However, he has been reimbursed Rs.42,058/-, despite the fact that, his case for medical reimbursement has been
recommended by the department as an emergency.
On the other hand, learned AGP has opposed the contention of the other side mainly on the ground that Rs.42,058/- has been paid as a special
case. Otherwise, the petitioner was not entitled for medical reimbursement as treatment has been taken from a private Hospital without taking
necessary permission from the Competent Authority.
This Court has considered the submissions of both the sides. It has been said time and again that it is always a matter of choice, convenience
and faith of the person to get treatment from a Hospital of his choice. Once it is established that the petitioner has actually undergone treatment and
has remained admitted as an indoor patient, he cannot be denied medical reimbursement thereof. However, at the same time, petitioner cannot
claim reimbursement of actual expenses which he has paid from his pocket in private hospital. Government is required to pay the expenses, which
could have been paid, had the petitioner undergone treatment from a Government Hospital. Respondents, after verifying the bills and calculating the
price of such medicines in the approved list of the Government, has paid Rs.42,058/- as medical reimbursement to the petitioner.
Under these circumstances, this petition stands disposed of having rendered infructuous in pursuance to the interim order passed by this Court.
Rule is discharged.