S.N.JHA
Ram Sagar Ram – Appellant
Versus
State Of Bihar – Respondent
S.N.Jha, J.
1. These two writ petitions involving an identical dispute are disposed of by this common order. The dispute relates to reimbursement of medical expenses incurred by a Government servant in connection with treatment outside the State.
2. The facts of CWJC No. 2060/2003 are as follows. The petitioner is retired Secretary (Technical), central Design Organisation in the Road Construction Department. While in service he underwent coronary artery bypass graft surgery in the Escorts Heart Hospital New Delhi on 21-9-2001. Earlier he was examined by Dr. R. K. Agrawal of the Indira Gandhi Institute of Cardiology Patna who advised him to go to All India Institute of Medical Sciences (AIIMS) for further treatment. In view of his condition he could not take steps for examination by a Medical Board at Patna and had to rush to Delhi on 11-9-2001. It is relevant to mention here that on 16-10-2001 post-facto permission for specialised treatment from 11-9-2001 at Delhi was granted. According to the petitioner on account of long queue of patients in the AIIMS he could not be admitted there and in the circumstances under medical advice for immediate surgery he was taken to the Esc
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