LAMBODAR PANIGRAHI Vs. CIVIL JUDGE SR

JUDGEMENT

(1.) A princely sum of Rs. 561/ - is sought to be recovered from the petitioner which had been paid to him as cost of treatment of his dependants on the ground that treatment should have been taken at a hospital at which Government servant is entitled for treatment free of charge, at the place of his posting and expenses having been incurred for treatment at City Hospital, Cuttack are impermissible and are to be recovered. For this purpose, reliance is placed on a notification issued during pre -independence days i.e. 9 -10 -1945 to be precise as issued by Government of Orissa in Health and L. S. C. Department. Reference was also made to Orissa Medical (Medical Attendance) Rules, 1947 (n short, the 'Rules').

(2.) MR . B. K. Patnaik, learned counsel for petitioner submitted that while a person takes a dependant for treatment, he is more concerned about his or her health, about free treatment at a hospital where he is entitled to free treatment. Learnen counsel for the State supported the action.

(3.) IN the circumstances, we are of the considered view that direction for deduction is untenable. The writ application is allowed to the extent indicated above. No costs.