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. ----------- 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 2 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 3 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 4 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 5 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.)