RUPINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Shri Rupinder Singh petitioner has filed the present writ petition under Articles 226/227 of the Constitution of India for the issuance of a writ in the nature of certiorari and he has sought the quashment of order Annexure P-4, vide which the respondents have deducted the amount of Rs. 7700/- from the medical reimbursement bills of the petitioner, incurred by him on the treatment of his wife Smt. Manjit Kaur and the petitioner has sought the direction of this Court in the form of mandamus against the respondents directing them to pay the amount of Rs. 7700/- deducted from the medical reimbursement bills.

(2.) The case set up by the petitioner was that he joined Pepsu Government in the year 1946 and the said State of Pepsu merged into State of Punjab in the year 1956. The petitioner retired as Under Secretary (Revenue) Punjab and he was entitled to the medical reimbursement for himself, his wife and dependents. On 27.11.1994, the wife of the petitioner met with a road accident and she developed chronic disease. She sustained head injuries. Her treatment continued till her death which took place on 30.7.1996 in the PGI, Chandigarh. The petitioner submitted medical claim bills of Rs. 41,483.41 and Rs. 11,777.60 on 4.9.1996. The total amount of bills was Rs. 53,261.26. The respondents sanctioned a sum of Rs. 40,584/- against the medical bills and Rs. 7,700/- were deducted from the second medical bill of Rs. 11,777.60 illegally and by a non-speaking order. The petitioner gave a legal notice on 9.8.1997 to the respondents but to no effect. Hence the present writ petition.

(3.) Notice of the writ petition was given to the respondents who filed the written statement and denied the allegations. The broad defence of the respondent-authorities is that petitioner is not entitled to the medical reimbursement with regard to physiotherapy which was got done by the wife of the petitioner from the open market. Since the treatment has not been obtained by the wife of the petitioner from the PGI or the recognised hospitals, therefore, Government was justified in not making the payment of Rs. 7,700/- to the petitioner.