IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12040 of 2008 DR.HEMANT KUMAR, Son of late Shiveshwar Prasad, resident of Nandani Path, (Dr. B. Bhattacharya Road), West Patel Nagar, P.S.-Shastri Nagar, District-Patna. ..............Petitioner. Versus 1. The State of Bihar. 2. The Principal Secretary-cum-Commissioner, Department of Health, Government of Bihar, Patna. 3. The Joint Secretary, Department of Health, Government of Bihar, Patna. ............Respondents. ----------- 2/ 08.04.2010 Heard counsel for the petitioner and the counsel appearing for the State. Petitioner has filed this application for directing the respondents to re-imburse medical expenditure bills of his wife, who has undergone Neuro Surgical operation (Cervical Spinal Surgery) on two occasions. Petitioner has also claimed for interest on this amount, since the respondents are not making payment, despite there being petitioner’s entitlement and the Resolution of the Department of Health and Family Welfare, Government of Bihar, contained in Memo No. 94 (14) dated 07.02.2007. This Resolution of the State Government enables the dependent of Government officials for full reimbursement of medical expenditure Bills, incurred on neurosurgical operation in any private hospital of country. Petitioner’s wife was suffering from severe Neuro Surgical problems and was advised for urgent cervical discography and also for operation, after due consultation with Surgeons at superior Neuro Surgical Center. Considering the urgency and there being no time for obtaining sanction from the 2 appropriate authority and for taking advance amount for surgery and treatment, the petitioner proceeded for treatment of his wife. In course of this treatment, he incurred huge expenditure. Subsequently, he filed his medical expenditure bills before the Superintendent of Patna Medical College and Hospital, Patna, for its’ payment. The Superintendent, P.M.C.H, recommended and forwarded it to the Joint Secretary, Department of Health, Government of Bihar, Patna, for necessary action. Despite recommendation by the immediate superior authority till date, it has not been paid to the petitioner. The wife of the petitioner again has to undergone another surgery, for which date has also been fixed. In this circumstance, petitioner is in urgent need of money. Considering the urgency, it is required that the respondent authorities should take immediate action for payment of entire medical expenditure bills, duly submitted by the petitioner and forwarded by the Superintendent of Patna Medical College and Hospital, Patna, to respondent No. 3. Petitioner has also annexed the order dated 16.10.2009 contained in Memo No. 1617 issued by the Additional Secretary, Department of Health, Bihar, Patna in favour of the Accountant General, Bihar, Patna, for issuance of payment order, enabling the authorities to reimburse and pay medical bills to the petitioner. In the facts and circumstances, this application is being allowed, directing the Accountant General, Bihar, Patna 3 to issue payment order in favour of the petitioner and respondent Nos 2 and 3 are further directed to make payment of entire dues to the petitioner, preferably within two weeks from the date of production/communication of the order. Sanjeet/ (Mridula Mishra, J.)