IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.9992 of 2003
RAJENDRA KUMAR .
Versus
THE STATE OF BIHAR & ORS .
with
CWJC No.6882 of 2006
UDAY PRAKASH MATHUR .
Versus
THE STATE OF BIHAR & ORS .
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10 11.02.2011 Petitioners in both these writ applications are
retired government employees and their prayer is for a
direction to the State-Respondents for reimbursement of
their medical bills, which they have incurred while
undergoing heart surgery/installation of pacemaker.
Counter affidavit and supplementary counter
affidavits have been filed in CWJC No. 6882 of 2006. So
far CWJC No. 9992 of 2003 is concerned; counter
affidavit is there but sufficient information has not been
disclosed in the counter affidavit. Supplementary
affidavit filed in CWJC No. 6882 of 2006, the Policy
decision of the State Government which has also been
approved by the Cabinet in January, 2009 has been
brought on record but it transpires that final
implementation stage has not yet reached. The approval
of the Finance, Law and Administrative Department is
still required. There is no disclosure in the
2
supplementary counter affidavit that within what time it
will be done and made applicable. In the counter
affidavit as well as in the Policy decision, the details of
the facilities have not been mentioned. It has not been
mentioned that whether the effect of the Policy Decision
will be prospective or retrospective. It is also not clear
that the Policy will cover the reimbursement of the
medical bills or simply day to day treatment of the
employees will be covered under this policy decision.
Two weeks’ time is allowed to the counsel
representing the State for filing another affidavit making
all these points clear, which are still vague.
Put up this matter on 25th February, 2011,
retaining its position.
Let a copy of this order be handed over to Mr.
Keshri, appearing on behalf of the State.
( Mridula Mishra, J.)
Akumar