KAMAL KISHORE JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard both the parties.

(2.) Article 21, being in Part-Ill of the Constitution of India, provisions contained therein are fundamental right of citizens. Right to life has been ensured thereby as a fundamental right. Article 37 makes it abundantly clear that Directive Principles of State Policy, as contained in Part-IV, though, shall be fundamental in the governance of the Country and it shall be the duty of the State to apply those principles in making laws, but the provisions contained therein shall not be enforceable by any court. Articles 41 and 47 are in Part-IV of the Constitution of India, which amongst others, direct public assistance in case of sickness and improvement of public health. That makes it abundantly clear that it is the duty of the Government, while framing laws, to ensure that a citizen lives a healthy life.

(3.) In the instant case, the State has made a law by framing the rules with which we are concerned. These rules apply only to the State Government employees and not to anyone else. In terms of these rules, health care of the employees of the Government have been protected to the extent, as mentioned in the said rules. The rules have provided, amongst others, that in the event a Government servant is required to obtain medical assistants outside the State, in order to obtain reimbursement of the cost of such medical assistants, he would be required to obtain prior permission of the Controlling Officer, grant of which permission shall depend upon the opinion of the Medical Board to be constituted for the purpose of ascertain the requirement of the proposed medical assistance. It is true that an ailment may come suddenly. It is true that when a serious ailment comes suddenly, it may not be possible to follow the reimbursement rules. In such event, appropriate authority as well as the Writ Court upon exercising its power of judicial review. In case of refusal to reimburse, may direct reconsideration, but however, it must be brought on record that the serious ailment came so suddenly that it was not possible to inform the Controlling Authority as regards the proposed medical assistance. Normally, if a Government employee is affected by such a sudden ailment, on recovery it is expected of him that he would inform his Controlling Officer as regards the suddenness of that ailment. That should be deemed to be the normal and natural human behavior. In the instant case, the petitioner, a Government employee, went to a Government Hospital when a Government doctor referred him to A.I.I.M.S., New Delhi. This fact was not brought to the notice of the Controlling Officer of the petitioner. The petitioner also did not go to A.I.I.M.S., New Delhi for obtaining medical assistance as was suggested while referring the petitioner to A.I.I.M.S., New Delhi. One year later, the petitioner went to G.B. Pant Hospital, New Delhi and obtained medical assistance from the said Hospital. Later on, he came back and applied for reimbursement of the cost of such medical assistance. That having been refused, the present writ petition has been filed.