IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6127 of 2005 SMT.NEETA KUMARI Versus THE STATE OF BIHAR & ORS ----------- 4 2/5/2008 Heard the parties. Reference may be made to the order dated 20.3.2008. Pursuant thereto learned counsel for the State submits that claim of the petitioner stands reduced to now Rs. 26,700/- only and in view of latest rule framed by the Government such reduced claim of the petitioner which can be effectively looked into by her parent department, namely, the Education ( Human Resources Development ) Department. It has already been indicated in the order dated 20.3.2008 that the daughter of the petitioner under special and urgent situation had to be admitted and operated in a private ward of All India Institute of Medical Sciences (AIIMS) and consequently if the Government had made payment of all other expenditure including the cost medicine of the said governmental hospital (AIIMS), it was not justified in refusing the expenditure incurred by the petitioner towards room rent. For this purpose counsel for the State was given time to bring on the record as to whether in past also any such determination of payment of medical expenditure in governmental hospital was made and given to any other person or not. Counsel for the State, however, has not filed any affidavit in this regard and submits that the 2 case of the petitioner will be considered afresh in accordance with revised instruction vide memo no. 174 dated 2nd June, 2006. In view of the fact that the counsel for the State has himself offered an opportunity for reconsideration of the case of the petitioner in terms of the aforementioned revised rules, this Court would direct the petitioner to file a fresh representation enclosing all the relevant papers including the prescription and opinion of medical expert requiring the daughter of the petitioner to undergo surgery in a private ward of a governmental hospital (AIIMS) under emergent circumstances, within a period of four weeks from today along with a copy of this order. It is expected that the said representation of the petitioner would receive a serious consideration of the Principal Secretary of the Human Resosurces Development Department being the head of the parent department of the petitioner, who is directed to dispose it by a speaking order. If the claim of the petitioner for Rs. 26,700/- is found genuine in course of such reconsideration by the Principal Secretary an order must be passed in this regard allowing claim of the petitioner within a period of three months from the date of receipt of the representation of the petitioner. In the event the same is however still rejected, reasons for the same must be assigned by the Principal Secretary. With the aforementioned observation and 3 directions this application is disposed of. ( Mihir Kumar Jha, J.) Abhay Kumar