GOVERNMENT OF ANDHRA PRADESH Vs. K A ANSARI

JUDGEMENT

(1.) This appeal under Clause 15 of the Letters Patent of the Court is preferred against the judgment in Writ Petition No.28743 of 1995 dated 7-8-1996 in a proceeding under Article 226 of the Constitution of India.

(2.) Factual matrix, which is not in dispute, is fully set out by the learned single Judge in the impugned judgment and for brevity we take out only such facts which for the purposes of the appeal appear to us to be relevant. The petitioner was the Administrative Member of the Andhra Pradesh Administrative Tribunal constituted under Section 4(2) of the Administrative Tribunals Act, 1985 and in due course was appointed Vice-Chairman with effect from 11-11-1991. While he was in office as the Vice-Chairman of the Tribunal, his wife suffered Cardiac problem and she was admitted in the I.C.C.U. of Osmania General Hospital on 18-5-1995 under the care of Dr. Sudheer Naik. The patient, however, on medical advice was shifted to Mediciti Hospital, (a private corporate hospital) where the disease was diagnosed as Multiple Coronary Artery disease. After the patient was admitted to Mediciti Hospital, the petitioner requested the Government to allow him to get his wife treated at Mediciti Hospital and also for sanction of medical advance for her treatment. The Government, however, released a sum of Rs.40,000/- as advance and permitted the treatment of the patient at Mediciti Hospital, vide G.O.Rt. No.2675 GA (SPF) B. Department dated 27-5-1995. The patient, however, was shifted to Escorts Heart Institute and Research Centre, New Delhi and the petitioner requested the Government to accord sanction for getting the patient treated in the said hospital and also for reimbursement of Rs.2,32,942/- after deducting Rs.17,347/-, which remained unspent out of the medical advance of Rs.40,000/- released by the Government on 27-5-1995. The Government accorded permission to the petitioner to get the patient treated at Escorts Heart Institute and Research Centre, New Delhi in Letter No.210/SPF.B/95-l dated 14-6-1995 and advised that he could prefer the detailed medical bills to the Government for reimbursement after completion of the treatment as well as for any post operational treatment at the hospital. The petitioner was allowed to utilise the balance amount of Rs.17,347/-, which remained unspent from out of the medical advance of Rs.40,000/- already released. The petitioner accordingly sought reimbursement of the amount spent by him for the treatment of the patient duly enclosing the medical bills issued by the Escorts Hospital. The Government, however, ultimately issued orders in G.O.Rt.No.5130 GA (SPF) B. Department dated 31-10-1995 releasing another sum of Rs.40,000/- i.e., in all Rs.80,000/- by stating that the said amount is being released in relaxation of the orders issued in G.O.Ms. No.368 GA (Elections) A. Department dated 5-7-1986 and rejected the rest of the claim of the petitioner. The petitioner requested the Government to review that decision by bringing to their notice the legal position. But when the Government did not move in the matter, he filed the writ petition.

(3.) Learned single Judge has adverted to the legal position in some details and finally opined that the petitioner is entitled for full reimbursement of the medical expenses incurred by him in getting his wife treated at Escorts Hospital including fare for air passage for the patient and the personal attendant. The Government has preferred the instant appeal.