PADMA SHARMA Vs. STATE OF M P

JUDGEMENT

(1.) Petitioner by Shri M.P.S. Raghuvanshi with Shri Gaurav Samadhiya, Advocate. Respondent/State by Shri Praveen Newaskar, Government Advocate.

(2.) The petitioner a retired Upper Division Teacher of the School Education Department of the State of Madhya Pradesh, has filed this present writ petition being aggrieved by an order dated 18-8-2006 by which the Director, Medical Education has rejected the claim of the petitioner, claiming reimbursement of medical bills in respect of treatment of her husband. The petitioner is also aggrieved by an order dated 26-9-2006 passed by the Assistant Director, Public Instruction by which the District Education Officer, Guna has been directed not to reimburse the medical bills of the petitioner.

(3.) The petitioner before this Court has stated in the writ petition that at the relevant point of time she was working as a Upper Division Teacher in the School Education Department of State of Madhya Pradesh and her husband was a pensioner and retired on attaining the age of superannuation from the post of Reader (Clerk) from District Court, Guna. The husband of the petitioner was a pensioner and as he was having some heart problem, was referred to All India Institute of Medical Sciences, New Delhi by the doctors at Guna in the year 2006 and as there was a medical emergency to shift the husband of the petitioner to Delhi, he immediately shifted to Delhi and was admitted in the All India Institute of Medical Sciences, New Delhi. The husband of the petitioner underwent heart surgery on 16-3-2006 and as the petitioner was holding the post of Upper Division Teacher serving the State Government, submitted a claim to the authority concerned to the tune of Rs. 67940/-00 towards the treatment availed by her husband. The petitioner has further stated that her claim was rejected by the Director, Medical Education on the ground that there is no statutory provisions enabling a retired government servant to avail the treatment from out of State of Madhya Pradesh.