POPINDER SINGH Vs. STATE AND OTHERS

JUDGEMENT

(1.) The petitioner while working as Senior X-Ray Technician, Govt. Medical College, Jammu applied to respondent No.4 for leave for a period of five days with permission to leave the Station, w.e.f., 11.05.2007 to 15.05.2007 in order to attend one of his relatives at Jallandhar, who was hospitalized there. Leave was, accordingly, sanctioned for the said period. While the petitioner was attending the patient at Jallandhar, he himself suddenly fell ill on 14.05.2007 and was admitted in Pruthi Hospital Lajpat Nagar, Jallandhar, a premier Heart Surgery Center. The petitioner was diagnosed as HT, Coronary Artery Disease and he had to undergo Coronary Angiography (CAG) and Coronary Angioplasty (PTCA) on 14.05.2007. He was discharged on 17.05.2007. This fact is evident from the certificate dated 17.05.2007 issued by Dr. Rohit Modi Consultant Cardiology and Interventionist, Pruthi Hospital Jallandhar. During treatment, the petitioner had to incur medical expenses to the tune of Rs.2,25,000/-. The petitioner joined his duties only on 01.06.2007, after which respondent No.4, under whom the petitioner was working, addressed a communication to the Medical Superintendent C.D. Hospital, Jammu for settling the period of absence on medical leave, i.e., from 16.05.2007 to 31.05.2007, so that the claims towards the medical allowances could be reimbursed to the petitioner.

(2.) On receipt of communication, the Administrative Department vide letter dated 15.02.2008 asked respondent No.2 to furnish a certificate from the Director Health Services, Jammu to the effect that (i) the beneficiary had suddenly fell ill outside the State and was not already suffering from it before departure from home; and (ii) copy of order whereunder the petitioner was allowed to leave the station.

(3.) Despite the fact that post-facto leave stood sanctioned in favour of the petitioner from 16.05.2007 to 31.05.2007, treating the petitioner on medical leave and completing all the requisite formalities by the petitioner, the respondents herein did not settle his case for medical reimbursement.