MOHANLAL DUBEY Vs. GENERAL ADMINISTRATION DEPARTMENT AND ORS.

JUDGEMENT

(1.) The petitioner has filed the present writ petition challenging the order dated 10/01/2014 passed by respondent no. 3, thereby refusing to reimburse the medical expenses to the pettioner.

(2.) The petitioner is a retired government employee and he retired on 31/10/2000. On 02/06/2003, due to sudden heart problem, the petitioner got admitted in the Baroda Heart Institute and Research Centre, Vadodara, where he had to undergo by-pass surgery. A total sum of Rs. 1,14,200/- was actually incurred by way of medical expenses and the same was paid by the relatives of the petitioner.. Thereafter, the petitioner moved a representation before the respondents for the reimbursement of his medical bills. As the representation was turned down holding that he is not eligible for reimbursement on the sole ground that he had not availed the treatment from the government approved hospital.. Being aggrieved by this, the petitioner filed writ petition no. 7239/2011 before this Court. On 19/12/2012, this Court was pleased to allow the same directing the respondents to reimburse the medical bills submitted by the petitioner. Immediately, thereafter, the petitioner moved before the respondents with certified copy of the order passed by this Court and all other relevant documents. When the respondents failed to comply with the order passed by this Court, the petitioner filed contempt petition no. 747/2014. Along with the reply of the contempt petition, the respondents filed an order dated 10/01/2014, thereby granted Rs. 10,000/- towards the reimbursement of medical bills.. The contempt petition was therefore, disposed of directing the respondents to pay the sum of Rs. 10,000/- as ordered within 15 days and further, granted liberty to the petitioner to file an appropriate proceedings. The sole reason assigned by the respondents was that as per the Pensioner Welfare Fund Rules, 1997, the petitioner was entitled for a sum of Rs. 10,000/- only. As inspite of number of representations submitted by the petitioner, no amount was paid to him, therefore, present writ petition has been filed.

(3.) Learned counsel for the petitioner submits that the order impugned, by which, they have rejected the claim of the petitioner for reimbursement of entire medical bills, is illegal and arbitrary. He submits that due to emergency, the petitioner had to undergo operation outside the State. On this ground, the claim of the petitioner cannot be rejected. He further submits that the rules regarding reimbursement of medical bills of an employee, when he obtains treatment from a hospital of his choice, can be made limited. Such Rules having been framed the proviso to Article 309 of the Constitution of India in terms whereof on the one hand, the employee would be granted the facility of medical aid free of cost from the recognized government hospital and on the other hand, he, at his option, may get himself treated from other recognized hospital. While exercising such powers, the Authority must act judiciously keeping in mind the purport and object thereof. He relied upon the order / circular dated 19/07/2006, issued by the State Government, in which, the State Government had allowed in advance the full reimbursement of medical bills of certain employees. He further submits that under the M.P. Pensioner Welfare Fund Rules, 1997, there is no limit for reimbursement of medical bills of serious illness such as heart disease. He has further placed reliance upon the order / judgment passed by coordinate Bench of this Court i.e. Gwalior Bench in the case of Vishwanath Prasad Khare (Dr) Vs. State of M.P and others reported in 2009(III) MPJRSN 8. This order passed by the learned Single Bench was challenged in Writ Appeal before the Division Bench by the respondent / the State Government and the same was also dismissed.