BALJINDER KAUR Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) SMT . Baljinder Kaur, widow of Late Sh. Surjit Singh, has filed the present writ petition under Article 226 of the Constitution of India, for issuance of a writ in the nature of Certiorari, for quashing the impugned memo dated July 06, 2007, whereby medical reimbursement claim of the petitioner on account of death of her husband due to cancer was allegedly declined and also for a writ in the nature of mandamus directing the respondents to make the payment of the amount of Rs. 50,462/ - on account of medical reimbursement for the treatment of her husband of his ailment of cancer from Mohan Dai Oswal Cancer Treatment and Research Foundation, Ludhiana and also from Deepak Hospital, Ludhiana, alongwith interest @ 18% p.a.

(2.) IN brief, the facts of the case are that the petitioner's husband, namely Surjit Singh, served in the department of Soil Conservation, Punjab since October 30, 1970 and retired as Surveyor from the Office of Deputy Soil Conservation Officer, Moga on May 31, 2004. After his retirement, Surjit Singh suffered from cancer (Rectum Growth). He remained admitted in Deepak Hospital, from September 30, 2005 to October 06, 2005 and thereafter in Mohan Dai Oswal Hospital from October 11, 2005 to October 06, 2005 and thereafter in Mohan Dai Oswal Hospital from October 11, 2005 to October 15, 2005, but unfortunately he died on October 15, 2005 in the said hospital. The petitioner had to incur an expenditure of Rs. 50,462/ - on the treatment of her husband. In May, 2006, she submitted medical reimbursement bill to the respondents for the said amount along -with required Essentiality Certificates. Claim of the petitioner was processed by respondent No. 2, but vide his letter dated July 06, 2007, the petitioner was intimated that the amount incurred on the medical treatment cannot be reimbursed as her claim has been returned by the Chief Soil Conservator, Punjab. According to the petitioner, she made various requests to get her grievance redressed and ultimately, served a legal notice, but to no effect. Hence, this writ petition.

(3.) WE have heard learned Counsel for the parties and with their assistance have perused the records. Learned Counsel for the petitioner has relied upon Annexure P -1 which are instructions relating to grant of free medical facilities to pensioners and their wives/husbands. Husband of the petitioner was a pensioner and is fully covered by these instructions, which provide that the Punjab Government pensioners be allowed full medical reimbursement. Reliance was further placed upon a decision of this Court in the case of Rajwant Kaur v. State of Punjab, 2002 (1) R.S.J. 183, in which in similar circumstances, medical reimbursement claim was declined on the ground of limitation that it should have been filed within six months, though, same was filed after one year and two months. In the reported case, not only the alleged instructions of submission of claim within six months was held to be irritation, illogical and oppressive, but were also struck down. It was further held as under: