DINUBHAI MANIBHAI AMIN Vs. DEHGAM MUNICIPALITY

JUDGEMENT

(1.) THE short facts of the case appear to be that the petitioner is serving with respondent - Municipality as Tax Inspector and retired on 29.02.2004. When he was in service, his wife Mrs. Kailashben D. Amin had a chest pain and was admitted in Civil Hospital and thereafter she was admitted in Krishna Hospital, Ahmedabad for by -pass surgery on 12.05.2003 and ultimately the operation was performed. The hospital had issued the bill of Rs. 1,27,193/ -. The petitioner finally settled the bill for Rs. 90,000/ -. The petitioner had prayed to the Municipality for reimbursement of the bill of Rs. 76,869/ - which was considered by the General Body of the Municipality on 29.10.2003 and it was resolved that the approval of the Director of Municipalities be obtained for payment of the said bill and after the approval is obtained, the payment be made. The Municipality, thereafter, has entered into correspondence with the Director of Municipalities for seeking approval. The Director of Municipalities, thereafter, had called upon the Municipality to supply any rules for medical bill if adopted by the Municipality but no such details were supplied by the Municipality stating that no rules are adopted or prescribed for the medical bill. The Director of Municipalities, thereafter, vide communication dated 04.12.2004, communicated to the Municipality that as no rules are framed, no sanction is required to be granted but the Municipality may adopt the rules and necessary action may be taken for medical allowance. Since no payment was made to the petitioner, the present petition.

(2.) HEARD Mr. Patel for the petitioner, Mr. Shah for respondent Nos. 1 and 2 and Ms Pathak, learned Assistant Government Pleader for respondent No. 3.

(3.) ON behalf of the Municipality the Chief Officer has filed the affidavit and at Para 7 it has been stated as under: