R G PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner, Assistant Professor in Narmada Water Resources Department, Gandhinagar by this petition praying for quashing and setting the action of the respondents in not reimbursing medical expenses incurred by the petitioner for his treatment at Apollo Hospital, Madras.

(3.) The petitioner, in the month of February, 1993 had fall sick. He has complained pain in chest. He consulted local doctor at Anand and he was advised to go to Madras immediately as there was emergency. The petitioner went to Madras after informing his department vide letter dated 3/3/93. The petitioner has made it clear that subject to the approval, he is going to Madras for his treatment. In the meanwhile the Accounts Officer, Medical Services, addressed a letter dated 5/3/93 wherein it was mentioned that he should first take recommendatory letter of the Civil Hospital, Ahmedabad to the effect that such treatment is not available in Gujarat and such treatment is only available outside Gujarat and without that permission for treatment outside the State cannot be granted. As usual, the petitioner made request for giving him ex post facto sanction. Be that as it may.