IMPORTANT POINT
The appellant has the fundamental right under Article 21 of the Constitution of take steps in self preservation in case of heart trouble arising abroad. He is entitled to be reimbursed on the rates admissible as per Escorts instead of as per AIIMS.

JUDGMENT

Punchhi, J.-Leave granted.

2. Is the hypothetical claim of the appellant for medical reimbursement valid in the facts and circumstances of this case is the straight question which falls for determination in this appeal.

3. The appellant, Surjit Singh (now retired) while posted as a Deputy Superintendent Police, Anandpur Sahib, Distt. Roper, Punjab, developed a heart-condition on 22.12.1987 and that very day went on a short leave extending it uptill 10.1.1988, on medical grounds. It remains unclarified on the record of this case as to what steps the appellant took thereafter to meet his ailment. However, six months later he obtained leave from his superiors from 15.6.1988 to 8.9.1988 and went to England to visit his son. It is the case of the appellant that while in England, he fell ill due to his hear problem and as an emergency case, was admitted in Dudley Road, Hospital Brimingham. After diagnosis he was suggested treatment at a named alternate place. Thus to save himself the appellant, got himself admitted and operated upon in Humana Hospital, Wellington, London for a Bye-Pass Surgery. He claims to have been hospitalised from 25.7.1988 to 4.8.1988. A sum of Rs. 3 lacs allegedly was spent on his treatment at London, borne by his son.

4. On return to India, the appellant on 6.11.1988 submitted a Bill for medical reimbursement claiming that very sum, in the office of the Senior Superintendent of Police, Ropar which was forwarded to the Director General of Police, Punjab, Chandigarh and the Home Department of the State of Punjab. Some correspondence took place between the appellant and the department. As per office requirements some more certificates were sent by the appellant in support of his case. Vide letter dated 21.1.1993, the Department however expressed its inability to sanction the bill for medical reimbursement. This led to the appellant moving the High Court of Punjab and Haryana at Chandigarh in writ jurisdiction. As required by the High Court, the State responded by filing its counter affidavit. At the time of hearing the Assistant Advocate General for the State of Punjab made a statement to the effect that the State was ready to pay to the appellant the expenses incurred for Bye-pass Surgery and Angiography on the rates prevalent in the All India Institute of Medical Sciences, New Delhi (for short AIIMS ). Applying that yardstick, as suggested, a sum of Rs. 30,000/- on account of Bye-pass Surgery and a sum of Rs. 10,000/- for Angiography was thus ordered by the High Court to be paid to the appellant within six weeks. The writ petition on 18.4.1995 was disposed of on such terms. The said sum, as claimed by the State stands paid to the appellant.

5. The appellant challenging the orders of the High Court disposing of the writ petition in such manner now pitches before us his claim to payment on the basis of rates prevalent in the Escorts Heart Institute and Research Centre (for short Escorts ), reducing his high claim to the expenses incurred for medical treatment in London. There is an inkling to that effect in the appellant s rejoinder affidavit in the High Court but it appears that this aspect of the matter was not dilated upon. The claim for such adoption of rates is now made in reiteration.

6. The parties counsel agree that there is a policy regarding reimbursement of medical expenses framed by the State on 25.1.1991, which has duly been circulated in all the wings/offices of the State. It s operative portion, so far relevant, is reproduced below :

"Subject : Re-imbursement of medical expenses - Policy regarding

Sir/Madam,

In supersession of Punjab Government letter No. 7/7/85-3HBV/13855 dated 27.5.1987, the President of India is placed to lay down the following policy for reimbursement of medical expenses incurred on medical treatment taken abroad and in hospitals other than the hospitals of the Govt. of Punjab (Both outside and in the State of Punjab) :

(i) All categories of employees whethe