SUMAN SHRIVASTAVA Vs. HIGH COURT OF M P

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) This petition has been filed by the spouse of deceased former Judge of this Court Shri B.B.L. Shrivastava claiming reimbursement of medical bills for the expenses incurred during her hospitalization at Mumbai in May, 2010. The claim of reimbursement is founded on the Circular dated 23rd April, 2007, issued in the name of Governor of Madhya Pradesh by the Principal Secretary, Government of Madhya Pradesh, General Administration Department. The said circular reads thus:

(3.) On the plain language of this circular, it is indisputable that the facilities for medical treatment and hospital charges was made available to the retired Judges of Madhya Pradesh High Court as was available to the sitting Judges of the High Court as per Section 23 of the said Act read with rule 3 of the High Court Judges Rules, 1956. As per the said scheme, however, after retirement, the spouse of the retired Judge was not covered for medical treatment and hospital charges. That scheme was introduced by the State Government only on 6th January, 2012, by issuing order in that behalf in the name of Governor, under the signature of Deputy Secretary, General Administration Department, Government of Madhya Pradesh. The same reads thus: