STATE OF J&K AND ORS. Vs. POPINDER SINGH

JUDGEMENT

(1.) This application is filed seeking to condone the delay of 648 days in filing the Letters Patent Appeal against the order made in SWP No. 1033/2011, dated 12.07.2013. In the application filed seeking to condone the delay it is stated that the judgment was rendered by this Court on 12.07.2013 and after receiving the order Secretary to Govt. Health and Medical Education Department requested the administrative department on 05.09.2013, for filing appeal. However, the case remained under process in the administrative department for getting approval of sanction from the Department of Law, Justice & Parliamentary Affairs till 16.12.2014 i.e., for over fifteen months. The administrative department on 16.12.2014 only directed the Principal Government Medical College, Jammu to contact the Deputy Advocate General alongwith record for drafting and filing of the appeal. The Principal, Govt. Medical College, Jammu on 29.12.2014 requested the Deputy Advocate General for drafting the appeal but the Deputy Advocate General showed her inability for personnel reason to file the appeal. The Principal GMC again requested the administrative department to obtain sanction in favour of other law, officer from the Law, Justice & Parliamentary Affairs Department on 14.02.2015 which was communicated to the Principal on 31.03.2015. Thereafter the appeal was filed. Thus the delay is claimed to be explained in the said affidavit. At the first instance there is no explanation for the delay of over fifteen months as no action was taken by the administrative department i.e. from 05.09.2013 to 16.12.2014. As sufficient cause is not shown and the delay of 15 months remained unexplained, the delay of 648 days cannot be condoned.

(2.) On merits it is seen that the respondent was granted medical re -imbursement to the tune of Rs. 2,25,000/ - along with interest @ 6% per annum from 2008 by the learned Single Judge. The case of the respondent before the learned Single Judge was that while as Senior X -Ray Technician, Govt. Medical College, Jammu he applied to 4th petitioner for leave for a period of five days with permission to leave the station w.e.f. 11.05.2007 to 15.05.2007 to attend one of his relatives at Jalandhar, who was hospitalized there. Leave was sanctioned for the said period with permission to leave the station. While the respondent was attending the relative patient at Jalandhar, he suddenly fell ill on 14.05.2007, and was admitted in Pruthi Hospital, Lajpat Nagar, Jalandhar, a premier Heart Surgery Center. The respondent 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. The said hospital has issued certificate on 17.05.2007 stating that respondent took treatment and he incurred medical expenses to the tune of Rs. 2,25,000/ -. Respondent re -joined his duties on 01.06.2007 and requested the Superintendent, CD Hospital, Jammu for treating the absence w.e.f. 16.05.2007 to 31.05.2007 as medical leave. On 15.02.2008 the 2nd petitioner requested the Director, Health Services, Jammu to clarify as to whether the respondent was already suffering from any disease. The leave applied from 16.05.2007 to 31.05.2007 was sanctioned as medical leave, however, the claim of medical re -imbursement was not sanctioned. The respondent approached this Court by filing SWP No. 392/2008 and the said writ petition was disposed of on 09.08.2010 by giving direction to the Director Health Services, Jammu to record his findings regarding sudden illness of the respondent while he was temporarily outside the State and order by the Director, Health Services was to be issued within two months. No order having been passed the respondent filed a contempt petition No. COA(OW) No. 357/2010 and during pendency of the contempt petition an order was passed on 28.03.2011 rejecting the medical re -imbursement claim on the ground that as per Sub Rule -5 of Rule 6 of J&K Civil Services (Medical Attendance and Allowances) Rules, 1990, (for short "the Rules"), the Director Health Services has to specifically certify that the beneficiary suddenly fell ill while he was outside the State, however, certificate issued by the Director, Health Services was not as per the said requirement. The said order was challenged before the learned Single Judge contending that the respondent fell suddenly ill as stated supra and he took treatment at Pruthi Hospital at Jalandhar, therefore, he is entitled to get medical re -imbursement.

(3.) The said writ petition was opposed by 2nd petitioner, who was the 2nd respondent in the writ petition, by contending that even though the Director Health Services rendered a finding that the treatment received the respondent is genuine he cannot certify that the beneficiary has suddenly fell ill outside the State and was not already suffering from the disease before departure and he has past history of multiple disease and is known case of RH disease since 1998 with hypertension and type II DM as evidence from the case history of the respondent given by Pruthi Hospital, Lajpat Nagar, Jalandhar. On the basis of the findings of the Director, Health Services claim of the respondent was considered under Rules and the claim was rejected.