PAWAN KUMAR JAIN Vs. STATE OF HARYANA AND OTHERS
LAWS(P&H)-2016-7-223
HIGH COURT OF PUNJAB AND HARYANA
Decided on July 22,2016

PAWAN KUMAR JAIN Appellant
VERSUS
State Of Haryana And Others Respondents

JUDGEMENT

- (1.) Petitioner-Pawan Kumar Jain, who retired from Government service, is suffering from advanced COPD with Type-II respiratory failure. Vide invoice (Annexure P-1), he purchased one oxygen concentrator instrument for Rs. 2,30,000/-from Gurman Medical, SCP 114, Top Floor, Phase 11, Mohali (Pb.). Though this writ petition, he seeks reimbursement of the price of the said instrument.
(2.) The disease of the petitioner is not in dispute. The certificates issued by the Appollo Hospital (Annexure P-2), Civil Hospital, Amabala (Annexure P-3) and Civil Surgeon, Panchkula (Annexure P-9) show that the petitioner is suffering from the said disease and he needs oxygen concentrator. The Civil Surgeon recommended that the same may be allowed as per government rates.
(3.) The stand of the respondents in written statement is that the Government fully reimburses for the treatment of all the retired employees but not for the instruments. It has been pleaded in the affidavit of Dr. D.P. Lochan, Director General, Health Service, Haryana that even though the instrument was not to be reimbursed but taking a sympathetic view, the Government decided to reimburse for the portable oxygen concentrator, which is indigenously manufactured and available in India and the price is to be accordingly reimbursed. It is further stated that the said instrument purchased by the petitioner is available with the price of Rs. 2,10,000/- on quotations.;


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