Mohinder Pal, J. - (1.) CLAIM in the present writ petition is for quashing the order dated January 14, 2005 (Annexed with letter dated March 01, 2005 Annexure P -15) vide which claim of petitioner Mahipal Singh for Medical reimbursement on account of the treatment of his wife, namely, Smt. Sudesh from Apollo Hospital, Delhi, has been rejected and for issuing a direction to the respondents to make payment of the expenses incurred by the petitioner in connection with the treatment of Smt. Sudesh.
(2.) THE petitioner is working as a Junior Engineer in the office of Sub Divisional Engineer, Haryana Urban Development Authority, Sub Division No. 1, Gurgaon (respondent No. 4). Wife of the petitioner Smt. Sudesh, who was also employed as J.B.T. Teacher with the Education Department, Haryana, was receiving treatment from Sudarshan Poly Dental Centre, Gurgaon. She was referred to Kanshi Ram Medical Service, Gurgaon. Since her condition was critical, she was admitted as an emergency case in Apollo Hospital, Delhi. On May 10, 2001, the doctor opined that she was suffering from blood cancer. The petitioner suffered huge expenses on the treatment of his wife in Apollo Hospital, Delhi. He claims to have spent Rs. 6,18,276.10. The petitioner submitted claim of medical reimbursement of the aforesaid expenses to the respondent -Department through proper channel. However, it was rejected on the ground that the treatment had not been taken from a hospital not recognized by the State of Haryana at the relevant time. Earlier, the petitioner had challenged the order/letter dated September 02, 200J (Annexure P -13) by way of filing Civil Writ Petition No. 2203 of 2004. In Annexure P -13, for rejecting the claim of the petitioner, besides taking the ground that the treatment had not been taken from a hospital recognized by the State of Haryana, the respondent -Department had taken another plea that wife of the petitioner was employed as a J.B.T. Teacher and she may take the matter regarding reimbursement of medical claim with her department. The said writ petition was allowed by a Division Bench of this Court vide order dated August 24,2004 (Annexure P -14) and the order dated September 02, 2003 (Annexure P -13) was quashed by relying upon the instructions issued by the State of Haryana on July 14, 2002, contained in HD. Hr. No. 2/59/88 -IHB -III dated July 17 1992, which provide that if both the spouses (husband -wife) are employees of the State Government, any one of them shall be allowed to get the fixed medical allowance/reimbursement of medical charges. In that writ petition, counsel for the petitioner also made a statement that he restricted the claim for medical reimbursement to the rates of All India Institute of Medical Sciences, Delhi (for short 'the A.I.I.M.S'). The respondents were directed to finalize the claim of the petitioner for reimbursement of medical expenses within two months from the date of the order i.e. August 24, 2004.
(3.) ON notice, the respondent -Department contested the claim of the petitioner for medical reimbursement on the ground that the Apollo Hospital, Delhi, from which the petitioner had treatment for his wife Smt. Sudesh was not recognized for the treatment of Haryana Government Employees during the treatment period of Smt. Sudesh from May 10, 2001 to July 11, 2001 and the Apollo Hospital was recognized for this purpose with effect from October 21, 2002 vide Annexure R -1. Though the plea of the respondents that the wife of the petitioner could have taken reimbursement of medical expenses from her department as she was employed as a J.B.T. Teacher in the Education Department of Haryana was rejected by a Division Bench of this Court vide order dated August 24, 2004 (Annexure P -14) passed in Civil Writ Petition No. 2203 of 2004, yet the respondent -department have taken this plea again in the written statement.;