MADHU SHARMA Vs. KENDRIYA VIDYALAYA

JUDGEMENT

(1.) Miss Madhu Sharma, a humble school teacher who came to be appointed under the category of "Handicapped persons" in the year 1988 in Kendriya Vidyalaya Sangathan through present petition filed by her clamours for proper medical reimbursement.

(2.) The petitioner was selected against the reserved post as mentioned above for handicapped and appointed in Kendriya Vidyala Sangathan in 1988. Unfortunately, she suffered an attack of paralysis on right side of body in 1995 and was treated by the PGI at Chandigarh. She suffered yet another attack of paralysis and this time on left side of body and face. The doctor opined that she was suffering from Hyper Trophic Obstruction Cardiomyopathi. She moved an application supported by the Principal and the Assistant Commissioner to the Commissioner seeking sanction for implantation. On 6.5.1996 she moved yet another application which was supported by an estimate given by the PGI to the Commissioner for sanctioning an advance of Rs. 1,20,000/- being 80% of the estimated cost. The total estimate cost was Rs. 1,50,000/-. In between 27.5.1996 to 31.5.1996 when the petitioner was admitted in the PGI, she was given dual chamber pacemaker implantation. The Principal who was also the Drawing and Disbursing Officer on the petitioner's bill for reimbursement, sanctioned only Rs. 26,000/- towards the cost of the dual chamber pacemaker and demanded refund of the excess advance. He also objected to some other items of expense at the PGI though countersigned by the specialist attending there. Aggrieved, the petitioner moved the Assistant Commissioner who turned down her request and confirmed the order of the Principal. Thereafter in March 1997, petitioner made detailed representation enclosing therewith Government of India Circular fixing the cost of dual chamber pacemaker at Rs. 1,15,000/-. She repeated her request by yet another representation dated 20.8.1997. This time the Principal in view of the Goverment of India Circular dated 12.6.1996 forwarded her case for early favourable consideration. However, Principal still insisted upon refund of Rs. 83,674/-. No final decision was taken on the representations made by the petitioner and for that reason the petitioner has come to this court under Article 226 of the Constitution of India claiming proper medical reimbursement.

(3.) Pursuant to notice issued by this Court respondent have filed reply. It is the case of the respondents that the petitioner is entitled to medical facilities as per the Central Services (Medical Attendance) Rules, 1944 (hereinafter referred to as 1944 Rules). It is admitted that the petitioner had applied on 5.2.1996 for purchase of dual pace-maker amounting to Rs. 1.25 lacs which was forwarded to the Head Office by the Assistant Commissioner, Kendriya Vidyalaya Sangathan, Chandigarh. Thereafter Commissioner vide letter dated 13.3.1996 wrote to the Assistant Commissioner stating therein that the petitioner may submit her medical claim to the Principal as the Principal was to settle the further claim under the 1944 Rules. The Government of India has taken a decision that the maximum amount to be reimbursed towards the pacemaker would be limited to a maximum of Rs. 26,000/- or the cost of pacemaker, whichever is less and the balance cost, if any, will be borne by the beneficiaries. A decision has been taken by the Principal on the basis of the letter dated 19.8.1994. All other medical claims of the petitioner have been accepted except room rent and diet charges. It is further the case of the respondents that the petitioner is not entitled to private room as her total emoluments are less than Rs. 4500/- excluding house rent.