CWP(T) No. 5020 of 2008 (OA 596/98) 27.04.2010 Present: Mr. Ajay Sharma, Advocate, for the petitioners. Mr. R. K. Sharma, Sr. Addl. Advocate General with Mr. P. M. Negi, Deputy Advocate General for the respondents. The original petitioner was working as a Head Teacher in Government Primary School, Kuriala. He incurred certain expenditure on account of his son’s ailment. The same was not reimbursed. Consequently O.A. No. 596 of 1998 was filed before the Himachal Pradesh Administrative Tribunal at Shimla and the same was transferred to this Court and renumbered at CWP(T) No. 5020 of 2008. The original petitioner vide application dated 20.1.1998 requested for converting the fixed medical allowance into open medical allowance payable in terms of the scheme formulated by the Government. During the pendency of the petition the original petitioner died and his legal heirs persued the matter further. 2. During the pendency of the present petition grievance of the petitioner with regard to the non-reimbursement of the medical bills stand settled. The amount stands reimbursed. There is no dispute with regard to the same. 3. With regard to the decision of the original petitioner’s application dated 20.1.1998, in the affidavit it is simply stated that in view of para 4 of the letter dated 21.6.1996 issued by the Joint Secretary (Health) to the Government of Himachal Pradesh the decision in the affirmative cannot be taken. 4. Para 4 of the said letter reads as under: “A request for change in option may be accepted in individual cases if it is supported by the medical specialist’s certificate stating chronocity/gravity of ailment. This request -2- will not be acceded to in a routine manner and shall be followed in exceptional cases where the Administrative Department are satisfied that sufficient justification is available for change in the option especially in long term ailments where prolonged outdoor treatment and costly medicines are required for the restoration of health. Such individual cases shall be referred to the Govt. in Health Department.” 5. It is not that the Government has no power to allow conversion from one scheme to another. Whether such discretion, in the attending facts and circumstances is to be exercised or not is the prerogative of the Government but none the less decision has to be taken on the basis of material available with them. Undisputedly no such decision has been taken till date. As such it is directed that the respondent/State shall take a decision on the application filed by the original petitioner within a period of eight weeks from the date of receipt of the certified copy of the order. Needless to add the decision be communicated to the present petitioners. 6. Letter dated 19.5.2008 address to the learned Additional Advocate General by the Director (Elementary Education) is taken on record. 7. With the aforesaid observations the present petition is disposed of. (Sanjay Karol), Judge. April 27, 2010 (PK)