MONORANJAN BAISHNAB Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The petitioner herein is a teacher in Ramesh Higher Secondary School under the fourth respondent. The school is a private institution receiving grant-in-aid from the State Government. The petitioner had suffered complete he block on 18- 11-1996 and he was referred to SSKM hospital, Kolkata. But as his admission was regretted there, he was to be taken to the Woodland Hospital & Medical Research Centre on 21-11-1996 where a pace maker had to be implanted upon him at the cost of Rs. 80,000.00. The petitioner returned after recovery and claimed re-imbursement for the cost of pace maker and other expenditures. But the same was rejected on the ground that the rules regulating medical reimbursement in force in the State are meant for only the Government servants, not for employees in private institutions. Aggrieved, the present writ petition has been filed.

(2.) In the affidavit in opposition, the only a contention of the State respondents is that the claim of the petitioner could not be considered as there exists no rule or circular for payment for the cost of pace maker and cost of other medicines to the employees of the Government aided institutions and in the absence of any such rule or instruction or circular, it was not possible for the concerned authority to re-imburse the medical expenses.

(3.) I have heard Mr. S. Talapatra, learned Sr. counsel assisted by Mr. B. Bannerjee, learned advocate for the petitioner and Mr. S. Chakraborty, learned counsel for the respondents.