FEKAN ROUT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Rajiv Nandan Prasad, counsel appearing for the petitioner and Mr. Sahil, appearing on behalf of the respondent State of Jharkhand.

(2.) The petitioner has preferred this writ petition for a direction upon the respondents to reimburse the medical bill of Rs. 4,25,280/- expended for treatment of wife of the petitioner. It is averred in the writ petition that petitioner was a permanent Government employee and after serving the department at various places, he retired on 31.01.2007 from the post of Technical Assistant to the Chief Engineer (C.D.O.), Drinking Water and Sanitation Department, Government of Jharkhand, Ranchi.

(3.) Wife of the petitioner was suffering from serious kidney problem and she was treated at P.M.C.H., Patna, where doctors diagnosed that she was suffering from chronic renal failure and as such on 30.10.1998, they recommended for her treatment at All India Institute of Medical Science, New Delhi. After that petitioner applied before the Medical Board, Patna for permission with respect to treatment of his wife at AIIMS, New Delhi. Pursuant to that, on 18.11.1998, the Medical Board granted permission to the petitioner for treatment of his wife at AIIMS, New Delhi, but, as the condition of his wife was deteriorating day by day and it was not possible to get appointment at AIIMS, New Delhi easily, the petitioner took her to Apollo Hospital, Hyderabad, where transplant was done on 14.01.2000. After the transplant, petitioner submitted medical bill of Rs. 4,25,280/- for reimbursement before the competent authority on 04.5.2000. In the meantime, State of Jharkhand came into existence and petitioner's services were placed with Government of Jhakhand, after which, inspite of several representations by the petitioner before the competent authority, said amount has not been reimbursed as yet to the petitioner. By letter dated 16.3.2005, petitioner was intimated that file relating to the reimbursement of medical bill has been received. Vide letter dated 06.2.2007, the Government of Jharkhand intimated the Accountant General, Jharkhand, Ranchi that the post facto approval of the treatment of the wife of the petitioner at Apollo Hospital, Hyderabad has been granted and accordingly reimbursement of the medical bill will be made to the petitioner. However, inspite of sanction of the said amount by the competent authority, inspite of lapse of two years, nothing has been heard from the respondents.