MAMI DAS CHOUDHURY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard learned counsel for the parties for final disposal of the petition.

(2.) Petitioner is a widow of Government servant, Late Jayanta Choudhury. Husband of the petitioner was working in the PWD department as a Lower Division Clerk. He had traveled with his family on Leave Travel Concession sometime in January, 2016. While in Calcutta he complained of acute illness. He was taken to a hospital and was detected with colon cancer. He was operated on 28.01.2016. He unfortunately passed way shortly thereafter on 08.03.2016. His widow presented three separate medical bills for the treatment taken by her husband. These bills are not cleared on two grounds. Firstly, that before taking treatment outside the State, certificate of the Referral Board was not obtained. Second, that one of the bills was presented nearly five months later. According to the scheme such bill must be presented within three months.

(3.) Neither of the objections of the respondents, in facts of the present case can be sustained. I may first address the issue of limitation. Though the reply filed by the respondents refers to time limit of three months for lodging the claim of medical reimbursement, no provision to effect has been brought to my notice. The office memorandum dated 9th August, 2005 which governs the procedure for medical reimbursement in case of serious illness does not contain any such condition. Even if a condition for making claim within reasonable time is imposed, the same cannot be enforced with rigidity. No such provision can be placed on the pedestal of a statutory provision laying down period of limitation beyond which a claim howsoever justified and reason for delay howsoever genuine would not be entertained.