IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.9992 of 2003
1. RAJENDRA KUMAR, SON OF LATE BASUDEO SAHAY,
RESIDENT OF PRABHU NATH NAGAR, CHAPRA, P.S.-
CHAPRA, DISTRICT-SARAN, AT PRESENT RESIDING IN
LAXMI NIWAS, C-15, PATRAKAR NAGAR, KANKARBAGH,
DISTRICT-PATNA
............................ PETITIONER
VERSUS
1. THE STATE OF BIHAR
2. THE COMMISSIONER-CUM-SECRETARY, DEPARTMENT OF
HEALTH, GOVERNMENT OF BIHAR, VIKAS BHAVAN,
BAILEY ROAD, PATNA
3. THE DIRECTOR OF HEALTH SERVICES, GOVERNMENT OF
BIHAR, PATNA
4. THE DISTRICT MAGISTRATE, CHAPRA
......................... RESPONDENTS
WITH
CWJC NO.6882 OF 2006
1. UDAY PRAKASH MATHUR, SON OF LATE KAMAL BIHARI
MATHUR, RESIDENT OF MOHALLA-KASHIPUR, TOWN,
PS AND DISTRICT- SAMASTIPUR
........................ PETITIONER
VERSUS
1. THE STATE OF BIHAR
2. THE SECRETARY, PERSONNEL AND ADMINISTRATIVE
REFOMRS DEPARTMENT, GOVERNMENT OF BIHAR,
PATNA
3. THE DY. SECRETARY, PERSONNEL AND
ADMINISTRATIVE REFORMS DEPARTMENT,
GOVERNMENT OF BIHAR, PATNA
................... RESPONDENTS.
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15. 28.04.2011 Heard learned counsel for the petitioner and
the State.
Petitioners in both the Writ Applications are
retired Government employees. Their application is
for a direction to the Respondents to re-imburse the
expenses incurred by them over their treatment, in
the light of the Order of the High Court, dated
27.03.1996, passed in C.W.J.C. No. 7891 of 1995.
Both the petitioners have undergone surgery
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for their heart ailment and in that regard they have
incurred expenses and also have spent money for
purchasing medicines.
Petitioners have represented their case
before the concerned authorities after being released
from the hospital, but till date right from 2002 their
matter is lingering and no re-imbursement has been
allowed to them.
Petitioners case is that the Pensionary
Samaj, which is a society, registered under the
Societies Registration Act had earlier filed a Writ
Application vide C.W.J.C. No. 7891 of 1995, in which
the claim of the petitioner was for a direction to the
Government that the pensioners be reimbursed of
any money spent by them either as indoor or
outdoor patients in any recognized institute of all
India repute without any reference by Government
Doctors for going for treatment in those institutes.
The Writ Application was disposed of noticing
Government Circular, whereby the facility of re-
imbursement have not been allowed to the
pensioners as per clause 21 of that Circular. The
Writ Application was disposed of giving direction to
the State to frame scheme within three months from
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the date of Order for making proper arrangements
to re-imburse the amount to the pensioners for the
medicines, which could not be made available to
them from the Government dispensaries and they
had to purchase from open market. It was also
directed that pensioners shall be entitled to re-
imburse from the Government Departments where
they served, for the medicines they had to buy for
the pensioners or their wives and so far clause 21 of
the Circular was concerned, which negatived the
facility of reimbursement to the pensioners that was
struck down. In this Writ Application specific
direction was issued to the State Government to
give facility of reimbursement to the pensioners. The
Order was passed in the Writ Application on 27th of
March, 1996, but till date no scheme has been
framed by the State Government.
From the Counter Affidavit filed in the Writ
Applications, it transpires that in stead of framing
any scheme or rule as per the direction of the Court,
the Department of Health, Government of Bihar
came out with a resolution, contained in Memo No.
5308, dated 24.07.2001, whereby medical allowance
of Rs. 1,00/- per month was made available to the
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pensioners. As informed, subsequently, this amount
is enhanced to Rs. 2,00/- per month. But so far a
full fledged scheme relating to reimbursement of
medical expenses to the pensioners are concerned,
has not been framed as yet.
Counsels, appearing on behalf of Respondent State, have informed that the
Government has framed a scheme, that is still
awaiting for approval of the Cabinet and in the
meantime the Respondent Authorities are examining
the medical facilities available in other States to
their employees and the pensioners.
I fail to understand that the issue like
reimbursement of medical expenses to the
petitioners or the Government employees whether
can be delayed for such a long period. The order was
passed in the Writ Application in the year 1996 that
was also affirmed by the Apex Court in the year
1998. We are in the year 2011 and the claim of the
petitioners relating to reimbursement of their
medical bills incurred in 2001 and 2004-05 are still
awaiting for framing of a scheme in this regard.
Without going into the intricacies of the policy
making powers of the State Government and
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interference in this matter by the judiciary, I direct
the Respondents to reimburse the amounts claimed
by the petitioner, which incurred while undergoing
treatment for their heart ailment. Petitioners have
already represented their matters before
Respondents Authorities and that is pending for such
a long time. The Respondents Authorities are
directed to make reimbursement of entire medical
expenses, which the petitioners have incurred in
their treatment. Petitioners can not be denied his
facilities in anticipation of framing of any scheme by
the State Government or its approval by the
competent authority. All payments must be made to
the petitioners within four weeks from the date of
production / communication of this Order.
With the aforesaid observations, both the
Writ Applications are allowed.
SKM (Mridula Mishra, J.)