SORAM NABAKUMAR Vs. THE STATE OF MANIPUR AND ORS.

JUDGEMENT

(1.) HEARD Shri Kh. Tarunkumar, learned Advocate appearing for the petitioner, Shri K. Jagat, learned Government Advocate appearing for the respondents No. 1 and 2 and Shri A. Rommel, learned Advocate appearing for the respondent No. 3.

(2.) THIS is a writ petition in which the petitioner has prayed for quashing/setting aside the impugned letter dated 20 -10 -2014 issued by the Director of Health Services, Manipur and for issuing directions to the respondents to reimburse his medical expenses. He petitioner who is serving as Section Officer Grade -I, PWD, Manipur, suffered from diarrhoea sometimes in tHe month of March, 2014 and after having consulted a gastroenterologist and as per his advice, a Colon Endoscopy was done. From tHe report of tHe C.T. Scan, his prostate gland was found enlarged and after seeing tHe said report of tHe C.T. Scan, on 15 -03 -2014, tHe petitioner was advised to go to Rajiv Gandhi Cancer Institute, Delhi for treatment. In view of tHe urgent treatment being required and Surgical Oncologist or Uro -Oncologist not being available in Manipur, tHe petitioner left for Delhi on 17 -03 -2014 and after his being examined as an Out Patient, He was admitted at Rajiv Gandhi Cancer Institute and Research Centre, Delhi on 26 -03 -2014. After having performed various clinical tests and operated upon, tHe petitioner was discharged from tHe Hospital on 11 -04 -2014. THe petitioner spent a total sum of Rs. 4,40,957.69/ - (Rupees four lakhs forty thousand nine hundred fifty seven and sixty nine paise) only towards his aforesaid treatment.

(3.) THE present writ petition is contested by the respondents No. 1 and 2 by filing an affidavit -in -opposition wherein it is stated that the petitioner underwent his treatment outside the State of Manipur without prior approval of the State Medical Board and that the Rajiv Gandhi Cancer Institute is not a hospital empanelled by the State Government and the medical reimbursement for having been treated at such private hospital is not permissible under the C.C.S (M.A.) Rules and other existing rules of the Government of Manipur. It is further stated that if such request for reimbursement is accepted, the whole purpose of the constitution of State Medical Board, in respect of medical reimbursement, shall be frustrated.