MOHINDERJEET KAUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Mohinderjeet Kaur has filed the present writ petition under Articles 226/227 of the Constitution of India seeking a writ in the nature of certiorari/mandamus and she has prayed that directions be issued to the respondent-authorities to release the medical reimbursement @ Rs. 500/- per month as the petitioner is a chronic patient of heart disease as well as of hip replacement. Moreover, she is a patient of diabetes.

(2.) The case set up by the petitioner is that she retired as a District Family Welfare Education Officer, Rohtak, on 1.8.1992. She got a heart attack and she was admitted in the Escorts Hospital in November, 1997, where an open heart by-pass surgery was performed upon her. She wrote to the Civil Surgeon, Rohtak, for allowing her to claim Rs. 500/- per month as medical expenses as Outdoor Patient subject to the maximum of Rs. 6,000/- per annum as per the Govt. instructions dated 11.8.1992. In the month of September, 1998, as per the advice of the Civil Surgeon, Rohtak, she got herself medically examined from the Medical Board, Panchkula, about her chronic disease and the Medical Board found that the petitioner was suffering from Chronic Arrest disease and she was entitled for reimbursement @ Rs. 500/- per month, subject to the maximum of Rs. 6,000/- per annum, in view of the Govt. instructions dated 11.8.1992. She sent the certificate to the Civil Surgeon, Rohtak, for allowing her the reimbursement but without any result. So much so, she served a legal notice upon the Govt. for paying her the fixed medical allowance @ Rs. 500/- per month, but to no effect. Hence, the present writ petition.

(3.) Notice of the writ petition was given to the respondents, who filed the reply and denied the allegations. As per the respondents, the instructions dated 11.8.1992 have been modified vide letter dated 26.3.1993, vide which the limit of the claim of Rs. 500/- per month was amended and it was decided to pay Rs. 6,000/- in a year instead of Rs. 500/- per month. The Govt. vide letter dated 9.2.1995 decided to change the option for chronic patients in the beginning of the financial year, i.e. the month of April in a year. The petitioner vide letter dated 23.7.1998 requested to the Civil Surgeon to pay her Rs. 500/- per month instead of fixed medical allowance. The petitioner was advised by the Civil Surgeon, Rohtak, vide letter dated 18.9.1998 to send an application to change her option on the prescribed proforma. She was also directed to submit the medical certificate that she was suffering from a chronic disease. Civil Surgeon vide letter dated 13.8.1999 asked the petitioner to inform whether she was getting fixed medical allowance or not. She was further asked to submit a copy of the medical certificate issued by the Medical Board. The petitioner informed the respondent-authorities that she was claiming fixed medical allowance @ Rs. 125/- per month instead of open medical allowance. After the receipt of the medical certificate of chronic disease, Civil Surgeon, Rohtak, allowed the petitioner to change her option w.e.f. 1.4.1999 vide order No. 10-14 dated 7.1.2000 and the petitioner is entitled to get chronic medical facilities. It is also the stand of the respondent-authorities that if the petitioner submits reimbursement bills of a chronic disease after 1.4.1999 the same shall be sanctioned according to the Govt. letter dated 26.3.1993. With this broad defence, the respondents have prayed for the dismissal of the writ petition.