SECRETARY, TO THE GOVT. OF HARYANA & ORS. versus VIDYA SAGAR

Citation: [2009] 10 S.C.R. 584 · Decided: 16-07-2009 · Supreme Court of India · Bench: S.B. SINHA · Disposal: Dismissed

Judgment (excerpt)

[2009] 10 S.C.R. 584 
.,.. 
A 
SECRETARY, TO THE GOVT. OF HARYANA & ORS. 
v. 
VIDYA SAGAR 
(Civil Appeal No. 4384 of 2009) 
B 
JULY 16, 2009 
[S.B. SiNHA AND DEEPAK VERMA, JJ.] 
• 
Service Law - Medical reimbursement - To pensioner 
-
Medical Claim for treatment of heart disease -
c Reimbursement not done in its entirety placing reliance on a 
Circular of the year 1993 - Writ petition - High Court holding 
him entitled to full reimbursement in view of Circular of the 
year 2003 - On appeal, held: In view of the changed policy 
of the State by Circular of the year 2003, the claimant was 
• 
D entitled to full reimbursement. 
Respondent, a retired employee of the appellant-
State, underwent a bye-pass surgery in a hospital which 
was on recognized panel of the State. He submitted a bill 
E for medical reimbursement. State, relying on its Circular 
dated 30.11.1993, did not make full reimbursement. 
Respondent filed writ petition. High Court allowed the 
same, holding that heart disease having been treated to 
be one of the chronic ailments, the respondent was 
F 
entitled to reimbursement of medical bill in its entirety in 
terms of instructions issued vide Circular letter dated 
25.8.2003. Hence, the present appeal. 
Dismissing the appeal, the Court 
G 
HELD: The High Court, was right in holding that 
heart disease having been treated to be one of the 
chronic ailments the respondent was entitled to 
reimbursement of the medical bill in its entirety. Although 
the Circular dated 28.5.2003 does not expressly 
H 
584 
SECRETARY, TO THE GOVT. OF HARYANA & ORS. 585 
v. VIDYA SAGAR 
't 
supersede the Circular letter dated 30.11.1993, but the A 
latter having been issued subsequent to the former an-1 
• 
in relation to a particular category of disease, namely, the 
chronic diseases, shall prevail over the earlier general 
Circular letter. The Circular letter dated 28.5.2003 brings 
within its umbrage not only the expenses incurred for the- B 
treatment of chronic disease outdoor but also indoor. 
State can change its policy decision from time to time. 
Once the State in its magnanimity adopted a decision that 
the medical bills in their entirety in connection with the 
heart diseases shall be reimbursed, the authorities of the c 
State being bound thereby were obligated to comply 
therewith. [Paras 9 and 1 O] [589-B-F] 
State of Punjab and Ors. v. Ram Lubhaya Bagga and 
Ors. (1998) 4 sec 117 and State of Kamataka and Ant. v. 
R. Vivekananda Swamy (2008) 5 SCC 328 - relied on. 
D 
Case Law Reference: 
(1998) 4 sec 111 
(2008) s sec 328 
Relied on. 
Relied on. 
Para 10 
Para 11 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 
4384 of 2009 . 
E 
From the Judgment & Order dated 22.7.2004 of the High 
Court of Punjab & Haryana at Chandigarh in Civil Writ Petition 
F 
No. 19081 of 2003. 
' 
T.V. George for the Appellant. 
Nanita Sharma for the Respondent. 
G 
' 
The Judgment of the Court was delivered by 
S.B. SINHA, J. 1. Leave granted. 
2. The sole respondent was an employee of the State of H 
586 
SUPREME COURT REPORTS 
[2009) 10 S.C.R. 
A Haryana. He has since retired. He was serving in the 'Health 
~ 
Department' of the State having joined services on 26.11.1961. 
He retired on 7.9.1988 on health grounds. 
3. He suffered an heart attack on 15.8.2002. He was 
B treated in the Post Graduate Institute of Medical Sciences and 
Research, Chandigarh. He underwent a bye-pass surgery at 
Fortis Heart Institute and Multi-Speciality Hospital, Mohali. It is 
on the recognized panel of the hospitals of the State of Haryana. 
He submitted a bill for a sum of Rs.1,87,907.65 towards 
c medical expenses borne by him for its reimbursement. 
Relying on or on the basis of a circular issued by the State 
of Haryana dated 30.11.1993, the Department sanctioned 
payment for a sum of Rs.1,62,298/- only. 
D 
4. Aggrieved by the said order, the respondent filed a writ 
• 
petition before the High Court of Punjab and Haryana. The said 
writ petition was allowed, holding: 
"We have heard learned Counsel for the parties. 
E 
Shri W.R. Dua, learned counsel for the petitioner drew our 
attention to the Punjab Services (Medical Attendance) 
Rules 1940, as applicable to the Haryana employees/ 
pensioners and the instructions issued by the Haryana 
• 
Government vide circular letter No. HD.HR. No.2/82/98-
F 
IHB-111 dated 31.10.2002 to show that Fortis Hospital, 
Mohali has been recognized by the Haryana Government 
for the treatment of Haryana Government e

Excerpt shown. Read the full judgment & AI analysis in Lexace.