KRISHNA KUMAR SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The writ petition is under Article 226 of the Constitution of India, whereby and whereunder, the order dated 20.03.2015 (Annexure-3) passed under the signature of Director (Primary Education Directorate) Human Resources Development Department, has been assailed, by which the claim for medical reimbursement, has been rejected on the ground that institution where the wife of the petitioner has been treated under the list of the institution for allowing reimbursement or prior to admission in the aforesaid institution, no permission has been obtained for treatment.

(2.) It is the case of the petitioner that his wife who was posted as Assistant Teacher in Middle School, Marwari Tola, Chatra, who was patient of Blood Sugar, since 2004 and due to ill health, she was on causal leave from 29.04.2014 to 30.04.2014 and on 30.04.2014, she became seriously ill and as per the advise of local doctor, wife of the petitioner reached to Ranchi for better treatment but on the way, she became unconscious and condition was deteriorating for which, immediately without any delay she was admitted in Orchid Medical Centre, Ranchi, where the doctors have said that her condition is critical but they are trying their level best but she has ultimately been declared dead on 02.06.2014, thereafter the petitioner has made a representation to the District Superintendent of Education, Chatra on 07.07.2014 for claim of the medical expenditure incurred upon the treatment of his wife and the District Superintendent of Education, Chatra has forwarded the representation of the petitioner to the Director, Primary Education, Ranchi who has taken decision by denying the claim for medical reimbursement on the ground that there is no permission from the State Medical Council and the Orchid Hospital, Ranchi, is under the list of institution for reimbursement of the medical expenditure incurred in the treatment.

(3.) It is the case of the petitioner that even though the institute where the wife of the petitioner has been treated is not recognized by the State Government that cannot be the ground for denying the medical reimbursement keeping this fact into consideration, wherein specific stand has been taken at paragraph-7 that due to emergent situation, since the condition of his wife was deteriorating, therefore, medical treatment was required and hence having no option to apply his mind and at that moment, he has admitted his wife to the Orchid Medical Centre, Ranchi, where ultimately she has died on 02.06.2014 and therefore, the authority has rejected the aforesaid claim, has not acted as like that of a welfare state.