M D CHAUHAN Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition has been filed by two retired Government servants, who are now about 80 years of age. It is stated by petitioner No. 1 that he retired on 23.2.1981. He claims that he had suffered from chest pain on 30.6.1994 and had consulted Dr. D. K. Agarwal, Assistant Professor Cardiology, Moti Lal Nehru Medical College, Allahabad on 7.7.1994 and was referred to All India Institute of Medical Sciences, where he was admitted and was treated by Dr. U. Kaul, Professor of Cardiology. All India Institute of Medical Sciences. New Delhi. Thereafter he got himself regularly checked up by Dr. B. B, Singh, Superintendent of T. B. Sapru Hospital, Allahabad. It is alleged that he made request for reimbursement of medical expenses incurred by him and further to refer his case to Dr. U. Kaul, Professor of Cardiology, All India Institute of Medical Sciences, New Delhi, for further treatment. The representation was made by him to the Superintendent/Medical Officer Incharge, T. B. Sapru Hospital, Allahabad with copy of the C.M.O./ Additional Director Medical Health, Allahabad, and the Secretary Medical Health. It is alleged that the medicines were not supplied by the Government Hospital and he had to purchase the medicines from the local market worth Rs. 1,500 per month, which is not being reimbursed by the State.

(2.) Petitioner No. 2 joined on the post of Assistant Teacher in Government Education Department at Queens College, Varanasi and retired from the post of Principal, Government Inter College, Faizabad. It is alleged that he was suffering from 'Parkinson' disease and was taken to Delhi and Bangalore for treatment, but to no avail. His general physical condition deteriorated to an extent that he could not lead normal life and was dependent on others. The grievance in the petition, is that the medicines were not supplied to him from the Government Hospital and he had to purchase medicines from the local market every month.

(3.) The grievance of the petitioners is that both the petitioners were Government servants and were employed in Government jobs and were governed by the provisions of the U. P. Government Servant (Medical Attendance) Rules, 1946. It is claimed that they are entitled to the reimbursement of local purchase in pursuance of the G.O. No. 2854/Five-7-1004/80, Chi. Anu. 7, dated 3.6.1980 (Annexure-5 to the writ petition) and supply of drugs/ medicines which are essential for their life, but this facility is being denied to them.