RAJESH KUMAR SHRIVASTAVA Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioner before this Court, who is a Government Servant, has filed this present writ petition for issuance of an appropriate writ, order or direction directing the respondents to release the entire amount in respect of the expenditure incurred by the petitioner towards open heart surgery of his wife, amounting to Rs.448473.00.

(2.) THE contention of the petitioner is that he is working on the post of LDC (AG 3) in the Public Works Department of the State of Madhya Pradesh and his wife was hospitalised on account of sudden illness on 3/2/05 as she was suffering from a rare heart disease, the petitioner was left with no other choice except to rush to Delhi and to admit his wife at Escorts Hospital, New Delhi. The wife was admitted on 10/3/05 and an open heart surgery took place on 31/3/05. The Escorts Hospital has given a bill of Rs.4,48,473/ - and the respondents vide impugned order dt. 1/8/05 has sanctioned a sum of Rs.1,15,000/ - only. Learned counsel for the petitioner has vehemently argued before this Court that in the light of the judgment delivered by this Court in the case of Mukesh Tiwari Vs. State of Madhya Pradesh and others reported in MPHT - 2012 ­ 3 ­ 130, the petitioner is entitled for the entire amount paid by him to Escorts Hospital, New Delhi.

(3.) HEARD learned counsel for the parties at length and perused the record. The matter is being disposed of at the admission stage itself with the consent of the parties. In the present case, it is not in dispute that the petitioner's wife on account of cardiac disease was rushed to Delhi and was admitted at Escorts Hospital, New Delhi on 10/3/05. She has undergone a major open heart surgery on 31/3/2005. The Escorts Hospital has given a bill of Rs.4,48,473/ - to the petitioner. This is also not in dispute that the respondents have accorded post facto sanction vide order dt. 1/8/05 in respect of the operation which the petitioner's wife has undergone at Escorts Hospital, New Delhi. However, they have sanctioned only Rs.1,15,000/ -. The reason assigned by the respondents for sanctioning Rs.1,15,000/ - is that the State Government has issued a Notification on 15/3/01 and for open heart surgery the amount fixed by the State Government is Rs.1,15,000/ - and, therefore, as the Notification of the State Government provides for the upper limit of Rs.1,15,000/ - the same has rightly been sanctioned.