IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7907 of 2008 SHRI KRISHNA PANDEY, SON OF LATE BABBAN PANDEY, RESIDENT OF VILLAGE – ASAHANI, P.O. ASAHANI, POLICE STATION – RASULPUR, DISTRICT – SARAN (CHAPRA), AT PRESENT POSTED AND WORKING AS AN ASSISTANT TEACHER IN GOVT. UPGRADED MIDDLE SCHOOL, MADARICHAK, ANCHAL – DARAUNDA, DISTRICT – SIWAN. ……….. PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA. 4. THE DIRECTOR-IN-CHIEF, HEALTH SERVICES, BIHAR, PATNA. 5. THE DISTRICT MAGISTRATE, SIWAN. 6. THE DEPUTY DEVELOPMENT COMMISSIONER –CUM- CHAIRMAN, DISTRICT EDUCATION ESTABLISHMENT COMMITTEE, SIWAN. 7. THE DISTRICT SUPERINTENDENT OF EDUCATION, SIWAN. 8. THE SUPERINTENDENT, PATNA MEDICAL COLLEGE HOSPITAL, PATNA. 9. THE CIVIL SURGEON –CUM- CHIEF MEDICAL OFFICER, SIWAN. 10. THE RANGE EDUCATION OFFICER, MAHARAJGANJ, DISTRICT – SIWAN. 11. THE HEADMASTER –CUM- DRAWING AND DISBURSING OFFICER, GOVT. MIDDLE SCHOOL KETI BHARAULI, ANCHAL – DARAUNDA, DISTRICT – SIWAN. …. RESPONDENTS. ----------- 04/ 30.03.2010 Heard counsel for the petitioner and counsel appearing for the State. As per the direction of this Court, D.S.E., Siwan is present along with his counter affidavit. Petitioner is aggrieved as the medical bill submitted by him for re-imbursement, incurred for the treatment of his wife, not being allowed by the respondent-authorities, though in accordance with the provision of Bihar Medical Attendant Bill, - 2 - the amount is payable to the petitioner. As per resolution of the Health Department, Govt. of Bihar bearing no. 1070/14 dated 20.5.2006, the parent department is authorized for sanctioning such re-imbursement. Petitioner’s wife was diagnosed cancer and for treatment, she was brought to Gorakhpur. Thereafter, she was admitted in All India Institute of Medical Sciences, New Delhi on being referred by the specialist. In course of the treatment of his wife the petitioner remained on leave but finally she died. Petitioner submitted medical bills for re-imbursement before District Superintendent of Education, Siwan, in the year, 2007, which has remained unpaid till date, left with no option, he has fled this application, for a direction to the respondents to re- imburse the amount incurred in the treatment of his wife. The D.S.E. was asked to appear in person, as counter affidavit was not being filed. Finally counter affidavit has been filed and the D.S.E., Siwan has appeared in person. Certain objections have been raised in the counter affidavit relating to non-sanctioning and prior approval for out station treatment. The petitioner had proceeded for the treatment without any approval. Such objections should not have been raised and cannot be - 3 - entertained. Petitioner’s case is that proper intimation had been given to the concerned authority, before he proceeded on casual leave. In the counter affidavit an attempt has been made for explaining the reason for non-sanctioning of the re-imbursement bill for three years, which has been recommended now to the higher authority, for approval and re-imbursement. This application is being disposed of giving direction to the Director, Primary Education, Bihar, Patna, respondent no. 3 to sanction re-imbursement of all admitted amount, incurred in the treatment of petitioner’s wife. All admitted amounts must be paid to the petitioner, as per the Government resolution in this regard. In no case, the respondent no. 3 will take time for more than eight weeks in sanctioning the admitted claim of the petitioner and in consequence to that respondent no. 7 will make payment of this amount to the petitioner within four weeks from the date of sanction by respondent no. 3. Personal appearance of D.S.E., Siwan is dispensed with. DKS/ (Mridula Mishra, J.)