IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15103 of 2001 DR. JAYA PRAKASH NARAIN JHA, S/O SRI RAM NATH JHA, R/O MOHALLA-SIPAHI TOLA, P.S.-KHAJANCHI HAT, DISTRICT-PURNEA, AT PRESENT WORKING AS READER AND HEAD OF THE DEPARTMENT OF HISTORY, MAHILA COLLEGE, PURNEA. ……………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, HIGHER EDUCATION, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. 2. THE BHUPENDRA NARAIN MANDAL UNIVERSITY, MADHEPURA, DISTRICT-MADHEPURA, THROUGH ITS VICE-CHANCELLOR. 3. THE VICE-CHANCELLOR, BHUPENDRA NARAIN MANDAL UNIVERSITY, MADHEPURA, DISTRICT- MADHEPURA. 4. THE REGISTRAR, BHUPENDRA NARAIN MANDAL UNIVERSITY, MADHEPURA, DISTRICT-MADHEPURA. 5. THE SECRETARY-CUM-COMMISSIONER, HEALTH DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 6. THE SECRETARY-CUM-COMMISSIONER, DEPARTMENT OF FINANCE, GOVERNMENT OF BIHAR, PATNA. ………………RESPONDENTS. ----------- For the Petitioner : Mr. Subodh Kumar Jha, Adv. and Mr. Jitendra Kumar Pandey, Adv. For the University : Mr. H.P. Singh, Adv. ----------- 11 29.03.2010 Petitioner has filed this writ application for a direction to the respondents to pay the amount of medical bills arising out of treatment of his wife inside and outside the State particularly in her treatment at Tata Memorial Hospital, Bombay. By his subsequent amendment application the petitioner has also added a prayer for consideration of bills of expenses incurred by him on account of his By-Pass Surgery undertaken by him in All India Institute of Medical Sciences, New 2 Delhi. The records show that after the petitioner submitted the bills to the University the University did not take any final decision on the same and has simply referred it to the Government for sanction and reimbursement. The State authorities were directed to file counter affidavit in the case. In the counter affidavit the respondent State authorities have taken stand that the Rules applicable for medical reimbursement to Government employees are ipse facto not applicable to the University employees. Referring to the resolution dated 7-8.8.1985, it has been contended that the University itself is competent to take a final decision on the claim of any employees for medical reimbursement. The Deputy Secretary of the Human Resources Development Department was called in Court to clarify the position. He appeared on 23.03.2010 and submitted that the University is required to take final decision with regard to admissibility of the amount claimed by any of his employee for medical reimbursement and after the decision is taken by the University the same has to be referred to the Government for sanction and allotment of fund. 3 Admittedly the University has not done that. Learned counsel for the University has produced a letter of the Human Resources Development Department dated 21.1.2010 which also reiterates the same position. It mentions that medical reimbursement facility is not available to the University employees at par with the State Government employees. However, it also mentions that decision with regard to admissibility and payment of medical reimbursement to its employees has to be decided by the University itself. The position which emerges from the pleadings and the submissions of learned counsels is that the University has to take a decision with regard to admissibility of medical reimbursement to its employees and its quantum after taking into account the bills submitted by the employees. Once that is done, the University may decide to pay the same from any contingency fund which may be available with it. The Government letters and the resolutions also show that the University has that power. However, in case, the University finds difficulty in reimbursing the amount to the concerned employees it can refer the matter to the Government for sanction and allotment of fund for 4 the purpose. Since, admittedly the University has not taken final decision, it is directed to take a final decision in the matter of medical reimbursement to the petitioner and expenses incurred by him in treatment of his wife as well as in his own treatment after calling the petitioner to submit all the bills in this respect. This decision University must take within three months from the date of receipt/production of a copy of this order. Once the decision is taken, the University either may pay the amount from any contingency fund which may be available to the University, or it may refer to the Government for sanction and allotment. In case, it is referred to the Government so, the concerned authorities of the State Government shall pass necessary orders for sanction and allotment of fund within one month from the date of receipt of the same. The writ application is, accordingly, disposed of with the aforesaid observations and directions. Arvind/ (J. N. Singh, J.)