IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.8812 of 2011
Pramod Kumar Jamuar
Versus
The State Of Bihar & Ors
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07/ 11.11.2011 Heard counsel for the parties.
The prayer of the petitioner in this
writ application reads as follows:-
“1(i) For a direction to the
respondents to reimbursement of
medical expenditures bills of
Rs. 3,88,048/- (Three Lakhs
eighty eight thousand and forty
eight Rupees only.)
(ii) Further for a direction to the
respondent to sanction Rs.
30000/- (Rupees thirty thousand
per month) for the period of
six month and Rs. 15000/-
(Rupees Fifteen thousand per
month) for life time for
expenditure of medical of the
petitioner, as per the
certification of the Post
Graduate Institute of Medical
Education & Research,
ChandiGarh, Department of Renal
Transplant Surgery.
(iii) Further for a direction to the
respondent to pay the interest
@ of 12% compoundable interest
on the amount of expenditure of
medical of petitioner from the
date of surgery to till the
date of payment because the
petitioner has compelled to
take the loan Rs. 5,00,000/-
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(Rupees Five Lakhs only) from
the State Bank of India, Jamui
which is evident from the pay
slip of the petitioner as on
acquaintance roll, laying with
the department.
(iv) To grant the compensation of
Rs. 100000/- for unnecessary
harassing to the petitioner.”
The petitioner is working as a clerk
in Primary Health Centre, Jamui is said to
be seriously suffering from Nephrological
and Cardiological disorder. It is said that
the petitioner has already spent a sum of
Rs. 6,10,600/- on the head of kidney
transplant in the Post Graduate Institute
of Medical Education and Research,
Chandigarh by arranging loan from bank and
other sources and that he has been further
advised to undergo Cardiological treatment
in the same institute for which a further
sum of Rs. 3.5 lacs is required. Learned
counsel for the petitioner has also
submitted that due to paucity of fund the
petitioner was removed from Post Graduate
Institute of Medical Education and
Research, Chandigarh and brought back to
Jamui from where he has been again referred
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to P.M.C.H on 10.11.2011. Counsel for the
petitioner has submitted that till date
Government has released a sum of Rs. 1.60
lacs by way of advance for the entire
treatment and too by way of sending the
said amount directly to the Post Graduate
Institute of Medical Education and
Research, Chandigarh.
Learned counsel for the State on the
other hand has submitted that as per the
Government rules the amount of advance on
the medical expenditure cannot be directly
paid into the hands of the petitioner but
only to the institute where he is being
treated. He has further submitted that the
writ application was confined only to the
payment of bills of the Cardiological
treatment of the petitioner but now a new
issue as with regard to Cardiological
treatment in view of an undated and
unnumbered certificate of the Post Graduate
Institute of Medical Education and
Research, Chandigarh allegedly issued on
08.08.2011 is still to be verified by the
Competent Authority.
Considering all these aspects and in
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order to give immediate relief to the
petitioner, this Court would deem it
expedient to constitute a team of three
specialist Doctors at P.M.C.H namely:-
1. Head of the Department of
Medicine.
2. Director of Indira Gandhi
Institute of Cardiology.
3. Head of the Department of
Nephrology.
which would not only examine the petitioner
but also look into all the documents
relating to his previous treatment and
expenditure already incurred by him. The
said expert team will also look into the
prescriptions and undated/unnumbered
certificate of Post Graduate Institute of
Medical Education and Research, Chandigarh
dated 08.08.2011, as with regard to
requirement of undergoing a special
treatment at Post Graduate Institute of
Medical Education and Research, Chandigarh
involving further expenditure of Rs. 3.5
lacs.
If the aforesaid expert committee is
of the opinion that the petitioner needs
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immediate Cardiological treatment by being
treated only at Post Graduate Institute of
Medical Education and Research, Chandigarh,
it would also indicate the same in its
report after making full assessment,
including the present physical condition of
the petitioner.
As it is claimed by the petitioner
that the petitioner is arriving only today
from Jamui for being admitted in the
P.M.C.H, let the aforesaid exercise be
completed by 18th of November, 2011 and if
expert body of P.M.C.H in its report
recommends for treatment of the petitioner
at Post Graduate Institute of Medical
Education and Research, Chandigarh for
treatment of the petitioner at Post
Graduate Institute of Medical Education and
Research, Chandigarh, the advance amount of
Rs. 1.6 lacs would be sufficiently
supplemented and sent directly to Post
Graduate Institute of Medical Education and
Research, Chandigarh to meet the entire
estimated cost of expenditure of Rs. 3.5
lacs which of course would be subject to
all the other terms and conditions of the
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advance as already incorporated in the
letter of the State Government Memo NO.
2505 dated 29.09.2011.
List this case on 21st of
November, 2011 at the top of the list as a
tied up matter on which date the report of
the said committee and the consequential
decision of the State Government shall be
made available to this Court by the learned
counsel for the State who would immediately
transmit this order to the Principal,
P.M.C.H for constituting the aforesaid
specialist team. The Principal P.M.C.H in
absence of any of the aforesaid named
member of the team will have the liberty to
substitute any of them by a person of
equivalent rank in the same discipline so
that a final report after the physical
examination of the petitioner as also the
examination of the documents of the
relating to treatment of the petitioner is
submitted by the team of specialist Doctors
within the aforementioned time limit.
It is also made clear that nothing
said in this order shall prejudice the
right of the petitioner in getting
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reimbursement of all the amount already
spent by him for his treatment in the
replacement of his Kidney and/or related
Nephrologocial diseases at Post Graduate
Institute of Medical Education and
Research, Chandigarh and/or other approved
institutes/hospitals. Such payment as may
be admissible to the petitioner for his
treatment already incurred by him in
accordance with law must be made as early
as possible preferably within a period of
one month from the date of
receipt/production of a copy of this order.
List this case on 21st of
November, 2011 at the top of the list as a
tied up matter.
Let a copy of this order be given
to Mr. Neeraj Nandan, G.P. 20 for its being
communicated to the Principal, P.M.C.H.
Ranjan (Mihir Kumar Jha, J.)