RADHEY SHAM Vs. STATE OF HARYANA AND ANR.

JUDGEMENT

(1.) RADHEY Sham, a driver, working in that office of Financial Commissioner, Haryana has approached this Court under Articles 226 and 227 of the Constitution for a direction to the Respondents to allow medical reimbursement of his claim which related to the period of his ad hoc service before he was regularised.

(2.) THE Petitioner was appointed on Ad hoc basis in 1986. With effect from December 31, 1990, he was made regular. Copy of the letter in this respect is Annexure P/1. Son of the Petitioner was operated upon in the P.G.I, in April, 1990. He was discharged on April 28, 1990 and thereafter he got treatment in O.P.D. of P.G.I. till November 18, 1990. The entire history is contained in Annexure P/2. The Petitioner claimed reimbursement of this bill to the tune of Rs. 1337.69 as per details given in Annexure P/3. The claim was rejected on May 2, 1991, -vide order Annexure P/4 which is under challenge.

(3.) AFTER hearing counsel for the parties, we are of the view that the impugned orders have been passed in clear violation of the instructions Annexure R/l. Vide letter dated September 20, 1968 on the subject, instructions were issued as under: