BHARATKUMAR H PATHAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr.P.H.Pathak on behalf of the petitioner and learned AGP Ms.Archana Rawal for respondents - State Authority. The respondent No.4 Principal Shri Arvindbhai Badmuja has also remained personally present before this Court in pursuance of the notice issued by this Court on date 8th August, 2003.

(2.) The question raised in the present petition is that medical bill for reimbursement has been sent by the petitioner through the school to the State Authority of to the tune of of Rs.18,832/-. After receiving the papers from the petitioner, the School Authority has sent to the Treasury Office - the respondent No.3. The respondent No.4 - the Principal Shri Badmuja who is personally present before this Court that said papers of the medical bill has been returned back to the school authority with remarks of the Treasury Office and the petitioner is required to produce certificate from the Porbandar Civil Hospital to the effect that his case was referred to Ahmedabad Civil Hospital as in absence of this Certificate. The medical reimbursement bill has not been sanctioned by the treasury office. Learned advocate Mr.P.H.Pathak has submitted that the petitioner had fallen sick all of sudden when he had at Ahmedabad at the relevant time and he had taken treatment at Civil Hospital at Ahmedabad which is recognised hospital by the State of Gujarat and the total medical bill of Rs.18,832/has been produced by the petitioner before the school authority but when the petitioner was at Ahmedabad and all of sudden fallen sick, it is very difficult to get reference letter addressed to the Civil Hospital, Ahmedabad from Porbandar Civil Hospital and therefore, he relied upon Rule 8 of the Gujarat State Services [ Medical Treatment] Rules , 1988. He also submitted that in case of emergency, an employee can take treatment at any place where he has visited the place. Therefore, there is no need to take any certificate from the Civil Hospital or Government Hospital where he was residing.

(3.) Learned AGP Ms.Archan Rawal while contesting the claim of the petitioner has relied on the averments made by the respondent in their affidavit-in-reply wherein it is stated that on receipt of the bill from the respondent No.4, the school authority verified the same but there was no recommendation of the Local Medical Officer which is prescribed as per the Rule 8 of the Gujarat State Service [Medical Treatment] Rule, 1988 and accordingly, if any Government servant gets treatment at the hospital out of the District in which he is serving, he has to obtain necessary permission of the authorised Medical Officer of the District. But in the instant case, no sanction has been obtained or no recommendations have been obtained from authorised Medical Officer and payment cannot be made of his bill. The Gujarat Cancer Research Institute, Ahmedabad is authorised for getting treatment, as per this Rule but necessary sanction is necessary for taking treatment when Government employee is taking treatment outside the limit of the District, which is not the Headquarter of the Employee. Hence, Sub Treasury Officer, Porbandar has sent back the bill to the respondent No.4 for necessary compliance vide letter dated 27th September, 1998.