NALINI C RAVAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Mrs.K.A.Mehta, learned advocate appearing on behalf of the petitioner and Ms.Manisha Lavkumar, learned AGP appearing on behalf of the respondents.

(2.) RULE. Ms. Manisha Lavkumar, learned AGP waives service of rule on behalf of the respondents. With the consent of the both learned advocates appearing for the respective parties, this matter is taken up for final hearing today.

(3.) The brief facts of the present petition are as under :- The husband of the petitioner was serving as Professor of Sanskrit in respondent No.4 College. The petitioner's daughter became serious and needed immediate open heart surgery and was required to be operated for Inter Cardiac Repair Surgery. As the said facility of such surgery was not available either at Jamnagar or at Ahmedabad, as apparent from the letter issued by the Irvin Hospital at Jamnagar,the petitioner and her husband had to take their daughter Archana to Christian Medial College and Hospital, Vellore for immediate surgery. The petitioner and her husband stayed there from 30th November, 1990 till 16th January, 1991. During period, necessary reports, diagnosis, tests etc. were carried and operation was carried out and post operation treatment was given to the daughter of the petitioner. Due to emergency, they had to rush to the hospital at Vellore and therefore, the husband of the petitioner couldn't obtained No Objection Certificate from the Government in advance for such surgery outside the State. On 29th January, 1991 petitioner's husband submitted all medical bills along with necessary reports for the operation and treatment undergone by their daughter. Again on 22nd April, 1991, the husband of the petitioner wrote a letter to the Principal of the respondent No.4 College in connection with the medical reimbursement to the tune of Rs.84,376.00. On 10th September, 1991, Principal of the respondent No.4 college recommended to the Secretary of Education Department for approving the medical expenses of the daughter of petitioner's husband. The Section Officer, Education Department vide his letter 9th October, 1991 asked the Principal of the respondent No.4 college to forward the claim of the petitioner along with necessary document to the Director of Higher Education. On 8th June, 1992, the Principal of the respondent College requested the Director of High Education to approve the claim of the husband of the petitioner. Even on 6th January, 1993 the petitioner requested the Director of High Education to make necessary payment of claim made by her husband for medial reimbursement. On 5th March, 1993 the petitioner who has not received any reply, wrote a letter to Principal of the respondent college and requested him to do the needful in the matter. The petitioner was requested that she was required to produce certificate from Medial Superintendent of Civil Hospital, Ahmedabad. On 25th September, 1993, the Medical Superintendent, Irwin Hospital Jamnagar wrote a letter to the Director of Institute of Cardiology, Ahmedabad to issue No Objection Certificate for the reimbursement medical expenses incurred on the operation of the petitioner's daughter conducted outside the State of Gujarat as the facility of such operation was not available in Gujarat. On 4th October, 1993 the petitioner wrote a letter to State Minister of Health and pointed out about her claim. Even the State level Minister, on 12th January, 1994, in exercise of power under Section 17(2) of the Gujarat State Service (Medial Treatment) Rules, 1988 granted exemption to the case of the petitioner's daughter for medical reimbursement and directed to consider the case of the petitioner's daughter as a special case with retrospective effect. On 1st March, 1994, the petitioner was asked to send original bills to Health Department, Gandhinagar along with necessary papers. The petitioner was asked to send schedule II under Regulation 10 and accordingly, the petitioner sent the same. On 4th August, 1994, the principal of respondent No.4 college sent to the Superintendent and office of the Director of Higher Education all the original documents along with necessary papers. Even on 10th December, 1998, the Private Secretary to State level Minister of Education sent a communication in accordance with the decision taken by the Hon'ble Minister for necessary action to the Addl. Chief Secretary, Gandhinagar. Again State level Education Minister on 17th February, 1999 asked the Additional Chief Secretary to look into the matter as to what stage, the question of NOC was pending. On 17th April, 1999 the Director of Higher Education sent a copy of letter addressed to the Additional Chief Secretary, Education Department stating therein that by communication dated 15th October, 1999, they have not accepted the case of the petitioner and therefore, no payment can be made. However the grievance of the petitioner is that the copy of the said letter dated 15th October, 1999 has not been sent to the petitioner. Therefore, on 17th August, 2000, the petitioner claimed a copy of communication dated 15th October, 1999 . However, copy of the said letter has not been given to the petitioner. The petitioner has relied upon the Government Resolution wherein, it is specifically provided that if in the opinion of a competent Surgeon, necessary treatment is given only in a particular hospital and the delay will be fatal to the patient, several hospitals outside Gujarat were recognised for treatment. In para D(2) of the said resolution, Christian Medial College and Hospital is specifically stated where such treatment is available. The daughter of the petitioner had undergone such treatment and surgery at this hospital. Therefore, ultimately by letter dated 15th October, 1999, claim of the medical reimbursement of the petitioner for her daughter has been rejected by the respondent authority, which has rise to filing of the present petition. However, it is pertinent to note that the respondent has not filed any reply to this petition by now.