IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.3882 of 2009 ==================================================== RAKESH KUMAR - Petitioner/s(s) . Versus THE STATE OF BIHAR & ORS- Respondent/s(s) . ==================================================== Appearance : For the Petitioner/s: Mr. UMESH KUMAR MISHRA For the Respondent/s: Mr. (GP15) ==================================================== CORAM: HONOURABLE JUSTICE SMT. MRIDULA MISHRA DATE: 14-07-2011 ORAL ORDER (Per: HONOURABLE JUSTICE SMT. MRIDULA MISHRA) For the petitioner:- Mr. Umesh Kumar Mishra, Advocate For the State:- Mr. Sanjay Kumar-II G.A. V 4 15 .07.2011 Petitioner is an Assistant Teacher, posted at Government Middle School, Pakari, in the District of Siwan. On 27th of September, 2006, he met with an accident at Mahatma Gandhi Setu, as the three wheeler on which he was traveling turned down. He was seriously injured and in an unconscious condition brought to Rajeshwar Nursing Home, Patna, where he was treated. Petitioner represented before the District Superintendent of Education, Siwan on 23.11.2006 for allowing an advance amount of 2 Rs.20,000/- and the District Superintendent of Education, Siwan on the same date vide memo no. 2411 sanctioned an advance amount of Rs.20,000/- as medical reimbursement. Subsequently petitioner submitted his medical bill amounting to Rs.93,366/- for reimbursement. The District Superintendent of Education, Siwan issued letter No. 333 dated 30.5.2007 addressed to the Director, Primary Education, Bihar Patna recommending medical reimbursement of petitioner. The advanced amount of Rs.20,000/- earlier sanctioned by District Superintendent of Education, Siwan was also mentioned in this letter. The Under Secretary, Human Resources Development Department, Government of Bihar, Patna vide memo no. 2597 dated 26.10.2007 asked for a show cause from the DSE, Siwan as to under which Rule Rs.20,000/- was given as advance to the petitioner under Medical reimbursement. The 3 District Superintendent of Education, Siwan asked the Headmaster of the concerned school to direct the petitioner for depositing the sanctioned reimbursement amount of Rs.20,000/- in one installment. The Headmaster vide letter dated 8.2.2008 directed the petitioner to deposit the amount. Petitioner made a request that Rs. 20,000/- may be adjusted against his medical bill amounting to Rs.93,366/- submitted for reimbursement but the Headmaster repeatedly asked the petitioner for depositing the amount. Petitioner’s prayer is for quashing of the letter issued by the Headmaster asking to deposit Rs. 20,000/- in one installment and also for a direction to make payment of his medical bills submitted before the appropriate authority for reimbursement. His further prayer is to adjust Rs. 20,000/- out of the medical bill amounting to Rs. 93,366/-. 4 In the counter affidavit filed on behalf of Respondent Nos. 1 to 2, it has been stated that the petitioner has been asked to deposit the advance medical reimbursement of Rs.20,000/- as the same was illegally granted by an incompetent authority. The District Superintendent of Education, Siwan was not competent to grant such medical advance. The Medical advance could have been allowed by the competent authority in case the petitioner had undergone treatment in a Government recognized Hospital. In the case of petitioner there are two lacunas; firstly he had undergone treatment in a Hospital, which is not a government recognized Hospital, secondly the medical reimbursement advance has been granted by a person who is not competent. Counsel for the petitioner submits that already medical bills of petitioner have been submitted for reimbursement before the 5 competent authority, which amounts to Rs.93,366/-, as such Rs.20,000/- can be adjusted against the total amount. Counsel for the petitioner submits that under a bonafide impression that the District Superintendent of Education, Siwan being his controlling authority can advance Rs. 20,000/- for out door treatment, in the light of letter contained in memo no. 1070/14 dated 20.5.2006 issued by the Under Secretary, Department of Health and Medical Education, under which a controlling authority is empowered for granting such medical advance up to the extent of Rs.20,000/-, Petitioner asked for grant of Rs. 20,000/- as advance reimbursement. The Respondent authorities can very much adjust that amount against his medical bills, presented for reimbursement. Excluding Rs.20, 000/- the petitioner shall be paid and only remaining amount for which the petitioner has submitted his medical bills. 6 So far treatment at a hospital not recognized by State Government, petitioner’s case is that in an unconscious position he was brought at Rajeshwar Hospital for treatment. There is no denial of this fact in the counter affidavit. In an emergency situation if petitioner was brought at an hospital which is not entitled as government recognized hospital and got himself treated, his entitlement for reimbursement cannot be rejected. However, petitioner is directed to submit his fresh bills, again before the competent authority, with a specific prayer to adjust Rs. 20,000/- from his bills submitted for reimbursement. The concerned Respondents will examine petitioner’s entitlement so far claimed reimbursed amount and after adjusting Rs. 20,000/- earlier paid as advanced medical reimbursement to the petitioner, residual 7 amount be paid. All necessary orders must be passed within eight weeks of the production/communication of this order. The writ application stands disposed off. A. Kumar ( Mridula Mishra, J.)