State Of Punjab & Ors vs Ram Lubhaya Bagga Etc. Etc on 26 February, 1998 rate was therefore rightly rejected. However, strong reliance has been placed by the respondent on the following paragraphs of surjit Singh vs. State of Punjab (1996 (2) SCC 336 ) which is as under: "Para 9 - The Policy, providing recognition for treatment of open heart surgery in the escorts, specifically came to be examined by a Division bench of the Punjab and Haryana High Court at Chandigarh titled as Sadhu R. Pail vs. State of Punjab (1994) 1 SLR 283 (P & H) wherein the claim of the then writ petitioner to medical reimbursement was accepted when in order to save his life he had got himself operated upon in the Escorts, and the plea of the State that he could be paid rates as prevalent in the AIIMS was rejected. special leave Petition No. 22024 of 1995 against the said decision was dismissed by this Court on 2.2.94." "Para 12- The appellant therefore had the right to take steps in self-preservation. he did not have to stand in queue before the Medical Board, the manning and assembling of which, barefacedly, makes its meetings difficult to happen. The appellant also did not have to stand in queue in the government hospital of AIIMS and could go elsewhere to an alternative hospital as per policy." Same argument is submitted for drawing parity with the said case. Here also it is urged, when one gets heart attack he has to wait in a long queue, in the government hospital and may be by the time his turn comes he may not survive. it is hence argued that the medical facility provided would be futile. As aforesaid the said decision would render no assistance to the respondents. Under the old policy there were designated hospital including Escorts. That was the foundation of the Said decision. relevant portion in this regard is quoted hereunder:"When the State itself has brought for it to contend that the appellant could in no event have gone to Escorts and his claim cannot on that basis be allowed, on suppositions. We think to the contrary. In the facts and circumstances, had the appellant remained in India, he could have gone to Escorts like many others did, to save his life." (Surjit Singh's case (Supra). That was a case where the petitioner got heart attack being in England and was hospitalised and operated in Burminghom hospital and this Court held that is as much as Escort was one of the designated hospital under the old policy of the reimbursement permissible to the appellant would be at the rate as that of Escorts and not of AIIMS as ordered by the State. The right of the State to change its policy from time to time, under the changing circumstances is neither challenged nor could it be. let us now examine this new policy. learned senior counsel for the appellants submits that the new policy is more liberal in as much as it gives freedom of choice to every employee to undertake treatment in any private hospital of his own choice any where in the Indian Kanoon - http://indiankanoon.org/doc/1563564/ 8