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2020 Supreme(P&H) 575

NIRMALJIT KAUR
Sanjay Rana – Appellant
Versus
State of Haryana through the Financial Commissioner and Secretary – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Rajesh Goyal, Mr. K.L. Dhingra.
Mr. Pankaj Mulwani.

JUDGMENT :

NIRMALJIT KAUR, J.

1. The prayer in the present petition is to reimburse the medical claim of the petitioner suffering from chronic disease in full or at the PGI rates and 75% of total expenditure on two surgeries/operations separately with consequential benefits to the petitioner in view of the Government instructions dated 28.7.2004, Annexure P/1A.

2. The written statement has been filed. It has been hotly argued by learned counsel for the respondent-State that as per the policy, the reimbursement is provided only in the case of Government run institution, approved hospitals and the empanelled hospitals. The petitioner took treatment from the Bombay Hospital at Indore which is neither a Government hospital nor empanelled hospital. Hence, he is only entitled to the re-imbursement equivalent to the rates of the PGI and AIIMS. It is further stated that the petitioner, out of his own choice, went to Bombay Hospital, Indore. The said hospital was not recommended by anybody. Infact, he remained admitted at Ambala on 1.3.2017. On the same day, he, on his own, went to Fortis Hospital where he remained admitted uptill 8.3.2017. Thereafter, he got himself admitted in Medanta Hospit

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