ANIL KUMAR SUROLIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ANIL Kumar Surolia, a judicial officer presently posted as Additional Sessions Judge, Fast Track, Jhunjhunu through present writ filed by him under Article 226 of the Constitution of India seeks reimbursement with regard to the treatment that he had to go through in emergent circumstances.

(2.) THE cause of the petitioner has been opposed on the preliminary objections that the petitioner has approached this Court with inordinate delay and that no statutory or fundamental right of the petitioner has been infringed and therefore, writ under Article 226 of the Constitution of India is not competent.

(3.) BEFORE we may part with this order, we would like to mention that the government cannot insist upon an employee to get himself treated at recognised government institution. All that the government in these circumstances can do is to reimburse the concerned employee at the rates that may be applicable in the recognised government institutions. Reference in this connection may be made to the judgments of the Supreme Court in Surjit Singh vs. State of Punjab and Others (1) and State of Punjab and Others vs. Mohan Lal Jindal