PRAMOD KISHORE SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the parties and perused the record. The present writ petition under Article 226 of the Constitution of India has been preferred by the petitioner feeling aggrieved with the impugned order dated 19th April, 1999 by which the opposite parties have declined to grant medical leave to the petitioner for the period from 17th April, 1997 to 13th October, 1997 inspite of opinion expressed by the Medical Board for grant of medical leave. The petitioner has further prayed for issuance of a writ, order or direction in the nature of mandamus commanding the opposite parties to release the amount of Rs. 1,48,218.40/ - in lieu of medical expenses incurred in his treatment.

(2.) THE petitioner, a P.H.M.S. Doctor was assaulted by the anti social elements on 6th June, 1996 while discharging his duties at Primary Health Centre, Amawan, district -Raebareli. On account of murderous assault by the anti social elements, the petitioner suffered with the fractures of his both legs and right hand alongwith other grievous injuries. In consequence thereof, the petitioner had undergone the medical treatment in different hospitals from 6th June, 1996 to 13th October, 1997. For the period during which the petitioner had undergone medical treatment, he had applied for medical leave. The Medical Board vide its opinion dated 25th October, 1997 has recommended for grant of medical leave to petitioner from 7th June, 1996 to 13th October, 1997. The petitioner has also moved an application for reimbursement of medical expenses to the tune of Rs. 1,48,218.40/ -. However, the government has sanctioned the leave to the petitioner without pay for the period from 17th April, 1997 to 13th October, 1997 vide its order dated 19th April, 1999, as contained in Annexure No. 6 to the writ petition. Feeling aggrieved with the order dated 19th April, 1999 (Annexure No. 6 to the writ petition) and also non reimbursement of medical expenses, the petitioner has approached this court by filing the instant writ petition.

(3.) FROM a plain reading of the aforesaid provisions contained in the Financial Hand book, it appears that under the said rules, medical leave can be granted not exceeding 12 months during the entire service period. However, under the proviso, an additional medical leave of six months may also be granted during the entire service period in exceptional cases on the recommendation of the Medical Board. Accordingly, the medical leave may be sanctioned by the State Government for the period of 18 months subject to recommendation of the Medical Board. In the present case, it is not disputed that the petitioner was assaulted by the anti social elements while he was discharging his duties in the Primary Health Centre, Amawan, Raebareli and he suffered with the fractures of his both legs and right hand alongwith other grievous injuries and had undergone for prolonged treatment in different medical hospitals. Keeping in view the injuries caused and the question with regard to injuries suffered by the petitioner and the treatment provided thereon was the subject matter for consideration by the Medical Board. The Medical Board on 25th October, 1997, recommended for grant of medical leave in accordance to rules for the period from 17th June, 1996 to 13th October, 1997. The opinion of the Medical Board as contained in Annexure No. 3 to the writ petition, in its totality is reproduced as under : -