SUBHASH CHAND SOOD Vs. STATE OF H P

JUDGEMENT

(1.) KULDIP Singh, Judge (Oral). The petitioner has prayed for quashing of office memo dated 19.8.1994 Annexure A-1 restricting the medical expenses at the rates of All India Institute of Medical Sciences, New Delhi(AIIMS) and Post Graduate Institute, Chandigarh(PGI) with further prayer that petitioner is entitled to reimbursement of actual medical expenses amounting to Rs.46583.72 incurred by the petitioner. The rejection of medical reimbursement bills of the petitioner for remaining amount may be held illegal and proposed recovery ordered against the petitioner may also be held illegal. The respondents may be directed to sanction the remaining medical expenses bills within a time bound period alongwith interest at the rate of 18% per annum. The petitioner has prayed exemplary cost of Rs.10,000/- from the respondents.

(2.) THE brief facts of the case are that daughter of the petitioner developed some ailment and she was admitted in Indus Hospital, Shimla for treatment on 20.9.1994 and was operated on 21.9.1994. THE Indus hospital had estimated medical expenses Rs.40,000/- for the treatment of the daughter of petitioner. THE petitioner applied for medical advance and a sum of Rs.30000/- was sanctioned in favour of the petitioner, which was utilized by him on the treatment of his daughter. THE daughter of the petitioner was discharged from Indus hospital on 30.9.1994.

(3.) THE petitioner kept on agitating the matter for sanction of medical claim bills, but without any positive result. On the contrary, the respondents worked out the recovery against the petitioner of the amount paid as medical advance over and above Rs.9693/- and as per letter dated 19.2.1996 Himachal Emporium was directed to recover the amount from February 1996 salary onwards. In these circumstances, the petitioner has filed the petition.