LAWS(PAT)-2007-11-109

MOSTT.ANAR KALI DEVI Vs. STATE OF BIHAR

Decided On November 02, 2007
Mostt.Anar Kali Devi Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) NONE appears on behalf of the petitioner. Heard Mr. Sunil Kumar Mandal, learned Standing Counsel No.15 for the respondents. This writ petition has been preferred by the widow of the late employee (late Sheo Kumar Singh) for a direction to the respondent authorities to reimburse the medical expenses incurred by her late husband.

(2.) IT appears that Sheo Kumar Singh, the petitioner 'shusband, was a teacher in Rajkiya Uchch Vidyalaya (Inter level), Patna High School, Gardanibagh, Patna. On account of cardiac problem, he was rushed to Delhi and had reported at All India institute of Medical Sciences. On account of paucity of beds, he was advised to report after four weeks. The petitioner 's husband was in a very bad condition and was, in fact, in a state of unconscious - ness. He had, therefore, to be admitted in that state of unconsciousness in Escorts Heart Institute and Research Centre, New Delhi, on 23.3.1994 and had undergone permanent dual -chamber pace -maker implantation. He was for this purpose in the hospital from 23.3.1994 to 30.3.1994. The petitioner had to pay a sum of Rs. 1,25,595/ - to Escorts for the heart surgery excluding the expenses over medicine etc. Photocopy of the certificate - cum -receipt issued by the Escorts is marked Annexure -3 to the writ petition. It further appears that the petitioner 'shusband was required to go to Escorts once every three months for review and medical check up. The claim for reimbursement submitted by the late employee before the appropriate authorities was not paid. He had, therefore, submitted an application dated 12.8.1994 (Annexure -4) before the Bihar School Examination Board for intervention. I am mindful of the position that this application was misdirected but nothing prevented the respondent authorities from taking note of the contents of the same after institution of the writ petition. The heart problems of the petitioner 'shusband revived and was admitted in the Indira Gandhi Institute of Cardiology, Patna, from 5.12.1997 to 9.1.1998. He died on 9.1.1998 on account of conduction disorder, Post PPI, Jaundice, Hepato renal Synd., and Cardio -respiratory failure. A photocopy of the death certificate signed by the Officer on duty (Resident Medical Officer) of 2.3.1998 is marked Annexure -1 to the writ petition. I must clarify that the Director has put his signature and has inadvertently put the date as 4.3.1997. This is obviously a typographical error for 4.3.1998. Respondent No. 5 [Principal, Shahid Rajendra Prasad Singh Rajkiya Uchya Vidyalaya (Inter level)], Patna High School, Gardanibagh, Patna -1), thereafter forwarded his communication dated 28.8.1999 (Annexure - 2) on behalf of the present petitioner to the District Education Officer, Patna, alongwith the enclosures thereto for reimbursement.

(3.) THE late employee had also spent a sum of Rs. 33,793.37R over purchase of medicines during his hospitalization in Indira Gandhi Institute of Cardiology and the vouchers whereof were forwarded alongwith Annexure -2.