IRENGBAM IBOHANBI SINGH Vs. STATE OF MANIPUR
HIGH COURT OF MANIPUR
Irengbam Ibohanbi Singh
STATE OF MANIPUR
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KH.NOBIN SINGH,J. -
(1.) Heard Ms. Th. Babita, learned Advocate appearing for the petitioner and Mr. A. Vashum, learned GA for the respondents.
(2.) By the instant writ petition, the petitioner has prayed for issuing a writ of mandamus or any other appropriate writ to direct the respondents to consider his case and accord ex-post facto approval of the State Medical Board in terms of the written assurance given by the Director of Health Services, Manipur/ Chairman, State Medical Board on 02-07-2019.
3.1 According to the petitioner, he was elected as a member of the Manipur Legislative Assembly from 25-Oinam Assembly Constituency on 27-02-2007 for the 1st term and on 06-03-2012 for the 2nd term. As per the provisions of the Salaries and Allowances of the Members of the Legislative Assembly (Manipur) Act, 1972, as amended from time to time including Section 10 thereof, a member of the Manipur Legislative Assembly is entitled to medical treatment including the treatment outside the State. During the tenure of his membership of the Manipur Legislative Assembly and on the recommendation of the State Medical Board vide its Memorandum dated 14-11-2014 and 27-03-2015, he went outside for treatment at Apollo Hospital, Chennai for the ailment 'SYSTEMIC HYPERTENSION SYMTOMATIC SICK SINUS SYNDROME MOBITZ TYPE 1AV BLOCK'. On 06-10-2014, the petitioner after due and necessary treatment at Apollo Hospital, Chennai, made his claims which was sanctioned vide order dated 15-12-2014 and 18-05-2015 by the Manipur Legislative Assembly and the necessary payment thereof was made to him accordingly.
3.2 Thereafter, the petitioner used to attend C.K. Birla Heart Institute, Kolkata, West Bengal at regular intervals of every 6(six) months. When the petitioner attended C.K. Birla Heart Institute on 29- 06-2019, the consultant Doctor advised him to do final check-up at Apollo Hospital, Chennai where the petitioner had been treated with Pacemaker Implantation on 06-10-2014. The petitioner returned home on 02-07-2019 and he personally approached the Director of Health Services, Manipur who is the Chairman, State Medical Board for placing his case before the Board. He submitted an application on the same day ie.,02-07-2019 directly to the Director of Health Services, Manipur/ Chairman, State Medical Board who gave his instruction to place it before the next Board for grant of ex-post facto approval. On 04-07-2019, the petitioner left Imphal by INDIGO flight for Chennai along with two attendants and reached the Apollo Hospital on 07-07- 2019 and attended the Hospital on 08-07-2019 and underwent treatment for the following:
'SYSTEMETIC HYPERTENSION SYMPTOMATIC SICK SINUS SYNDROM MOBITZ TYPE 1 AV BLOCK PROCEDURE: PERMANENT PACEMAKER IMPLANTATION (06.10.2014) ' MEDRONIC DDDR MRI COMPATIBLE ADVISA PACEMAKER PALN: MEDICAL MANAGEMENT.'
3.3 The petitioner returned home on 14-07-2019 and submitted all the relevant documents to the Secretary, Manipur Legislative Assembly for obtaining ex-post facto approval from the State Medical Board, Manipur so that the necessary expenditure could be reimbursed to him. His application was forwarded to the State Medical Board vide a letter dated 22-07-2019 of the Manipur Legislative Assembly. On 26-07-2019, when the petitioner enquired about the status of his application, he was informed that the State Medical Board was not in a position to accord ex-post facto approval as the Apollo Hospital, Chennai was not in the list of private hospitals recognised/ empanelled as referral hospital/ centres for the purpose of medical treatment. However, the office of the Director of Health Services, Manipur refused to issue an objection certificate to the petitioner or return the documents to the office of the Manipur Legislative Assembly.
3.4 Being aggrieved by the refusal of the State Medical Board for grant of ex-post facto approval, the instant writ petition has been filed by him on the inter-alia grounds that the petitioner had already undergone treatment at Apollo Hospital, Chennai, for which the expenditure incurred by him had been reimbursed by the Manipur Legislative Assembly. The medical treatment of the petitioner on 08-07- 2019 was at Apollo Hospital, Chennai which is still in the list of private hospitals in India recognised under the Central Services (Medical Attendance) Rules, 1944 as extended to the State of Manipur. As per the provisions of the Salaries and Allowances of the Members of the Legislative Assembly (Manipur) Act, 1972, a member of the Manipur Legislative Assembly is entitled to medical treatment including the treatment outside the State. The petitioner underwent treatment at Apollo Hospital, Chennai on the assurance given by the Director that ex-post facto approval would be granted to him. The Chairman, State Medical Board accorded ex-post facto approval vide Memo dated 08- 07-2018 for treatment at Mother's Care Children Hospital and Research Centre, Sagolbad Moirang Lerak which is not in the list of private hospital in Manipur as referral hospital, for treatment of the State employees. The refusal of granting ex-post facto approval to the petitioner is highly discriminatory being violative of Article 14 of the Constitution of India. ;
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