JITENDRA D VASAVADA Vs. GUJARAT ELECTRICITY BOARD

JUDGEMENT

(1.) Rule. Mr.S.N.Sinha, learned Counsel for the respondent waives service of notice of rule. With the consent of the parties, the matter is taken up for final hearing.

(2.) The short facts of the case are that the petitioner, who is an employee of Gujarat Electricity Board (GEB) and the wife of the petitioner had undergone engiography and bypass surgery thereafter. The medical bill was submitted. It is the case of the petitioner that initially the medical bill was sanctioned. Thereafter, the petitioner is communicated as per the letter dated 17-1-2000 that since the income of the wife of the petitioner is exceeding Rs.1,000/=, the same is rejected. Under these circumstances, the present petition.

(3.) Mr.Desai, learned Counsel appearing for the petitioner submitted that even as per the circular of the GEB, which is produced by the respondent in the affidavit-in-reply filed by Dilip R. Gupta, Dy. General Manager, it has been, inter alia, provided that so far as the spouse of the employee is concerned, the reimbursement can be considered even if the income is exceeding Rs.1,000/= and, therefore, the decision to reject the proposal for reimbursement merely on the ground that the income of the wife of the petitioner is exceeding Rs.1,000/= is, ex-facie, arbitrary and deserves to be quashed. Mr.Desai has submitted that since the case of the petitioner is covered by the circular dated 3-11-1993, direction may be given by this Court to GEB to reimburse the medical bill for the operation of the wife of the petitioner.