IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7409 of 2005 DR.BRIJ KISHORE SINGH Versus THE STATE OF BIHAR & ORS ----------- 7 3/9/2008 Heard counsel for the petitioner and counsel for the State. Pursuant to the earlier order, today counsel for the State has produced the order issued by the Health Department contained in Memo No. 1298(14) dated 2.9.1998, photocopy thereof is kept on the records of this case, showing sanction of Rs. 1,69,790/- towards the expenditure of the petitioner in his treatment in Sri Ram Nursing Home, Kankarbagh, Patna. Counsel for the petitioner submits that the petitioner has yet to receive amount and that it is not in complete fulfillment of the demand of the petitioner which was to the tune of Rs.2,17,785/-. In that view of the matter, this Court would direct the respondents to give clear information to the petitioner as to what items in the bill have been deducted so as to reduce from two lac to one lac. On being information, it is open for the 2 petitioner to file a representation claiming for reimbursement of the remaining amount providing the same is payable to him as per law. This Court directs that on the representation so filed by the petitioner, the Government will pass an appropriate order for making payment of the remaining amount spent by the petitioner on the head of treatment in course of hospitalization in Sri Ram Nursing Home in between 17.10.2003 to 29.12.2003. Counsel for the petitioner next contended that as a matter of fact the petitioner is also entitled for exgretia payment of Rs. 2.50 lac in terms of the resolution of the Finance Department dated 5th May, 1997. In this context he refers to his representation dated 6.4.2005 contained in Annexure-7 and the concerned resolution dated 5.5.1977 which is Annexue-8 of this writ application. From reading of relevant portion of the said resolution it would appear that first of all it has to be determined that the injuries sustained to the injured 3 person, a Government servant, was in course of exercise of his official duty and thereafter the Government is again given discretion to fix the amount of payment which may not exceed Rs. 2.50 lac. In that view of the matter, as basic determination on the issue has not been made, this Court would direct the respondents to dispose of the representation of the petitioner dated 6.4.2005 (Annexure-7) within a period of six months from the date of receipt/ production of a copy of the order and in case the petitioner is found entitled for such payment, same must be made to him within a period of two months thereafter. With the aforementioned observations/ directions this writ application is disposed of. ( Mihir Kumar Jha, J. ) Abhay Kumar