MOHINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution of India, petitioner is seeking a writ in the nature of Certiorari, quashing order dated 6.4.1992 Annexure P-9, whereby the petitioner was informed by the Director, Health and Family Welfare, Punjab (hereinafter referred to as the Director) that her case for medical reimbursement has been rejected by the Government after consideration. Petitioner is also seeking a writ in the nature of Mandamus, commanding the respondents to reimburse to the petitioner the medical expenses incurred by her towards emergent and sudden operation conducted abroad when she was on leave.

(2.) Petitioner who is an Assistant working in the office of D.H.S., Punjab had gone to Canada on sanctioned leave. Petitioner for her return journey had booked the ticket, but few hours before her departure, while she was proceeding towards the airport, she developed acute pain in the renal region which had occurred for the first time and at the airport itself, she was advised to be admitted in the hospital. She was removed to hospital in a very serious condition. There she was operated upon on 21.1.1989. On her return to India petitioner applied for reimbursement of the amount, i.e. medical expenses and the hospital expenses, vide her application, Annexure P-4. Petitioner's case though had been recommended by the Director, but on consideration by the Government, it was rejected vide letter dated 6.4.1992 (Annexure P-9). The grievance made in the petition is that action of the respondents in depriving the petitioner of her right to medical reimbursement is arbitrary and discriminatory. Thus, prayer had been made that the order in question be quashed and the respondents be directed to reimburse to the petitioner the medical expenses incurred by her.

(3.) Written statement has been filed by Dr. Nirmal Singh Aneja, Deputy Director, Health Services, on behalf of respondents No.1 and 2. The only plea taken in the written statement is that petitioner was no Ex-India leave during the period of her treatment. It has further been stated that Government never allow reimbursement when an employee is on leave especially Ex-India leave, for the reason that excellent insurance cover at nominal payment is available for illness abroad which should be availed of, and if this is not done, then it is entirely the person's fault. Further, the payment of medical treatment is in dollars. The State Government cannot reimburse the Dame in Indian rupees unless Reserve Bank of India first sanctions the foreign exchange. The Government can only pay the amount in Indian rupees for which the Reserve Bank of India sanctions foreign exchange.