KHUKU BISWAS Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner herein takes exception to the order dtd. 16/6/2021 by which respondent No.3 has returned her medical bill on the ground that post-facto sanction has not been accorded by the competent authority.

(2.) The petitioner while in service as Staff Nurse suffered surgery of her spinal cord i.e. Canal Stenosis on 29/6/2019 in V.Y. Hospital, Raipur and she was discharged on 6/7/2019. Thereafter, she claimed reimbursement of the medical bill amounting to Rs.99,743.00 which was considered by the impugned orders Annexures P-1 and P-2 and the said medical bill has been returned on the ground that she has not intimated the fact of surgery in accordance with sub-rule (5) of Rule 10 of the Chhattisgarh Civil Services (Medical Attendance) Rules, 2013 (for short, 'the Rules of 2013') and consequently, she is not entitled for medical reimbursement of the aforesaid amount which has been called in question in the instant writ petition as arbitrary and unsustainable in law.

(3.) Return has been filed justifying the refusal to reimburse the medical bill stating inter alia that sub-rule (7) of Rule 10 of the Rules of 2013 has not been complied with and the petitioner/her family members failed to intimate to the Director, Medical Education/Director, AYUSH and to the Head of the Department within the time limit of 48 hours from the commencement of treatment and therefore no post-facto sanction can be granted under Rule 11 of the Rules of 2013 and medical bill has rightly not been reimbursed to the petitioner.