STATE OF J&K Vs. SAKHI WILLAYAT

JUDGEMENT

(1.) THIS Letters Patent Appeal is directed against the Judgment and order dated 23. 7. 2003, whereby the learned Single Judge in OWP No. 431/ 1995 has issued a direction to the respondents 1 and 2, appellants herein, to arrange and make the payment of medical claim of Rs. 2, 28, 081/ - to the petitioner who has been treated out side the Country.

(2.) THE facts of the case are that Master Adil son of respondent/ writ petitioner, Assistant Surgeon in the Health Department, developed complex Cardiac ailment in the year 1988. On medical advise, the petitioner took his son Master Adil to United Kingdom for his treatment. He was treated and on his return a medical reimbursement claim was submitted to the Government which was permitted vide order dated 11.3.1992 in relaxation of rules. Unfortunately, the problem again developed. This time it was a case of acute Pulmonary edema. He was taken to Sheri Kashmir Institute of Medical Sciences Soura, Srinagar wherein on medical examination, the Doctor Specialist in the subject, found to have mitral value abnormality and advised mitral value surgery in England as an emergency measure. On the advise of the doctor, the petitioner took his son to England for treatment, Master Adil was operated upon at Duncon Waske on 2.7.1991 on the advise of John B. Hospital Leads U.K. The child was fitted with a pacemaker system and was treated for mitral value replacement for severe mitral regurgitation.

(3.) AGGRIEVED of the order of learned Single Judge, the appellant has challenged the legality and correctness of the order under appeal mainly on the ground that an employee of the State Government is entitled to medical reimbursement claim in terms of the Jammu and Kashmir Civil Services (Medical Attendance and Allowance) Rules, 1990 (hereinafter called "the rules") and that the treatment outside the country can be availed only after the sanction is accorded by the Government and in the case of the respondent no such sanction was accorded.