SYED MUSADIQ QADRI Vs. STATE AND OTHERS

JUDGEMENT

(1.) This petition involves a very short controversy. The petitioner, a Statistical Officer, borne on the cadre of Planning Department of the Government of Jammu and Kashmir State, was registered under registration No. 148382 at SMHS Hospital as a patient suffering from Primary Infertility (Oligozoospermia). He was referred to Lilavati Hospital and Research Centre, Bandra, Mumbai, India, by SMHS Hospital, Srinagar, for management of primary infertility, which facility was certificated to be not available in SMHS Hospital. This was done in terms of Referral Certificate dated 12.12.2002 issued in terms of Rule 6(1) of the Jammu and Kashmir Civil Services (Medical Attendance-cum-Allowance) Rules, duly signed by the prescribed authorities. The treatment is stated to have cost the petitioner a total expenditure of Rs. 3,03,252.00. He is stated to have preferred a medical reimbursement claim of the medical expenses thus incurred by him on his treatment. The medical reimbursement claim so preferred by the petitioner has been refused to him; hence this writ petition.

(2.) The case of the petitioner is that he duly applied for accord of sanction for treatment outside the State in Lilavati Hospital and Research Centre, Bandra, Mumbai, India, which application of the petitioner was forwarded to the Director, Statistics and Economics by his immediate officer vide endorsement dated 28.12.2002 who, in turn, referred the matter to the Administrative Department, respondent No. 1, vide communication No. DES/PF-105/SA(Adm) dated 30.01.2003. Communication dated 20.01.2004 written by the Assistant Director, Economics and Statistics to the Under Secretary to Government, Planning and Development Department, placed on record, reveals that the Administrative Department slept over the matter and did not respond to the request of the petitioner duly recommended by the Directorate of Economics and Statistics. Meanwhile, the petitioner states that he had to leave for his treatment. It was on 06.02.2006 that respondent No. 1 through Deputy Secretary to Government, Planning and Development Department informed the Joint Director, Economics and Statistics that Government had introduced Mediclaim Insurance Scheme with ICICI, Lomgard General Insurance Company Ltd. and that the petitioner may be asked to opt for the said policy. The petitioner states that he, in fact, was enrolled under the J&K Govt. Employees Group Medical Policy under UHID No. ICIC.465166, but ICICI refused to entertain the claim on the ground that treatment of infertility is a standard exclusion and is not covered under the policy. The petitioner vide his representation dated 10.05.2006 brought this matter to the notice of the Director, Economics and Statistics with request to obtain necessary sanction from the Administrative Department. The case seems to have been taken up with the Finance Department. The Finance Department rejected the claim of the petitioner in the following terms as contained in communication No. DES/PF- SA/2008(Adm) dated 25.02.2008 addressed by Joint Director, (C) Economics and Statistics to the Principal, Government Medical College, Srinagar, under whom the petitioner was working at the relevant point of time:

(3.) Respondents were put on notice. Reply was filed on behalf of respondent No. 1 which was adopted on behalf of respondent No. 2 in terms of order dated 21.10.2011. In the reply it is stated that the answering respondent did every effort under rules, but finally it is respondent No. 2 who can in relaxation of rules reimburse the medical claim of the petitioner. It is also stated that the answering respondent played his role as well as sent the proposal to the Finance Department and the Finance Department in turn rejected the proposal of the answering respondent on the ground that there is no cogent reason to relax the rules.