USHABEN DAYASHANKAR SHUKLA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Learned AGP Mr. Desai waives service of notice of rule. By way of this petition, under Article 226 of the Constitution Of India, a retired teacher prays for quashing and setting aside the communications dtd. 18/9/2020 and 5/10/2020 issued by the respondents refusing to reimburse the medical expenses incurred by the petitioner of Rs.4,17,385.00.

(2.) The petitioner had undergone a medical procedure for implantation of a Pacemaker at CIMS Hospital on 26. 12.2019. By the impugned communications, the District Primary Education Officer, Mehsana has rejected the request for reimbursement on the ground that the Education Department i.e.The Director of Primary Education has conveyed on 18/9/2020 that there is no policy of medical reimbursement in the case of teachers working in the Grant-in-Aid Primary Schools.

(3.) Mr.Dipak Dave, learned advocate for the petitioner would made the following submissions: