BEFORE THE HONOURABLE HIGH COURT O CHHATTISGARH AT BILASPUR (C.G.} c^«^ Petitioner: Respoxdents: (^ ^^ .^%:- ^ ^^y" .o^' [^ f?-/" WBTTPETmONNo. i'^30 /0> Smt.Rekha Dube, W/o Shri Manoj Dube, aged about 44 years, Lecturer, J.R. Dani Girl's HS School, Raipur, R/o. 47/89, Near Anand Samaj Library, Kankali para, Raipur (C.G.) VERSUS 1. State of Chhattisgarh through The Secretary of Finance, DKS Bhawan, Raipur (CG) 2,The Secretary, Health & Family Welfare Department, State of Chhattisgarh, DKS Bhawan, Raipur (CG) 3. The Director, Health Education, State of Chhattisgarh, Raipur (CG) 4. The Principal, JR Dani, Girl's Hr. Secondary School, Raipur (CG) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTIONOFJNDIA HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition No. 1730 of2003 Petitioner Smt. Rekha Dube Versus Respondeats State of Chhattisgarh & ofhers SB: Hon'ble Mr. Justice Satish K. Agnihotri, J Shri Manoj Dubey, Advocate for the petitioner. Siat, Anju Ahuja, Deputy Govemnient Advocate for fhe respondents. ORDBR (14th Juty, 2006) The followiag order offhe Court is passed by Satish K. Agnihotri, J. Leamed counsel for fhe petitioaer subinits that fhe petitioner, a Govemment employee workiag as Lecturer iu J.R. Daai, Higher Secoudary Schhol, Raipur, has fUed fhis petition seekiag relief of reimbursenient of medical biU of her husband naniely Shri Manoj Kuinar Dubey, The petitioner's husband Shri Maaoj Kuiaar Dubey was admittedly adniitted m the Modera Medical lastitate, Raipur and thereafter has undergone for Angiogra.phy and Angioplasty wifh stent iiaplantation to LAD at Spandan Hospital, Nagpur, According to leanied counsel for the petitioner, the petitioner has paid a sum of Rs. 1,07,250=00 (Rs. One lac Seven fhousand two hundred & fsfty only) towards medical expenses. Learaed counsel for the petitioner further submits fhat fhe petitioner is entitled to reimburaement of fhe same aniount which has been endorsed by fhe Director, Medical Ediication^ Chhattisgarh by his letter dated 2.9.2002 (Annexure A/17) in foUowing terms :- 6. <r€^:— <ft tR^ ^m ^ ipr <d4^K ^tert1<irc€t^ W3( ^ ^VyWS^Q r^r^»^til<?t-y, "TPTg? ^ 4<IH'!iF ^ W^FI ^T^ ^my "^ Wq^=T ^SSTT I Kt4^1^t4<{ld ^PI ^t ^ '?rftr ^ {^(^v<ti ^ra? ^o 1,07,250=00 Pl'yfRy ^V3f ^ V^S Wt 11 ^fcfr'T Wf^ ^ 3i'1^T ^q^r r^if^^ict^ ?rrara?^i <t*4xiif^-qT ^ ^TOSIRT^ ii'r<iai w<r ^€f 11 <S$H^I<{ ^wt ^»T q^<aui f^rf^r ^piN ^ra^ ^RT l^n ^nn ^®TT ^R^ ^m ^rf^r %o 1.06.723=00 R.i(^»cyi yt^i^Rf t^ ^"^r ^ ^l ^T: ^^T 'q^ST ^rRr ^t sT^^TaT ^?^ ^q yr fStf^c^s ^raT ^rf^cf 1FF?°T W^SI ^TP(R ^\ 3Tk <yic|^tb «t»t4c|t^ ^^^RTI" Leanied counsel appearing for fhe respoadents fairly states that as per fhe letter of the Director, Medical Education, Chhattisgarh, the petitioiier is eatifled to reimbursement of fhe aoiount of Rs. 1,06,723 (Rs. One lac Six fhousand seven hundred & twenty three oaly). However, staad of the respondents ia fhe retum is that Spaadan Hospital, Nagpur is not recognized mstitute by the State of Chhatdsgarh aad the petitioner had sufiicient tiiae to seek prior permission of tlie govemment before goiag for Angiography and Angioplasty ofher husband. Be that as it may, it is admitted and certified by the Director, Medical Education, Chhattisgarh, who is competeiit officer, on venfication of flie documeats aud on fhe basis of flie report of fhe CivU Surgeon, Raipur that fhe petitioner was entifled to reimbzirsement of a sum of Rs. 1,06,723=00 (Rs. One lac Six ffaousand seven hundred aad twenty fhree only) of inedical expenses. For the reasons stated-above, fhe technical objections raised by leamed coiinsel for tiie respondeuts in the facts and circumstances of the case is not acceptable. The petitioner is entifled to rcmibursemeiit Bablu 7. of medical expenses of her hzisbaad to fhe tune of Rs. 1,06,723=00 (Rs. One lac Six fhousand seven hundred and twenly fhree only). I raust make it clear fhat fh.is decision shaU not be taken as precedent ia ofher cases. This order is passed in fhe facts aad circumstances of fhe prcsent case, In view of this, fhe petition is allowed. No order as to costs. Sd/- Satish K. Agnihotri Judge