A government servant who is hospitalised while on leave outside the state will still be entitled to reimbursement: High Court of Jammu & Kashmir

Sr. No.203 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CJ Court LPA No.307 2019 Mohammad Gulzar Mir Through: Mr. Sheikh Manzoor Ahmad Advocate. Union Territory of J&K and others. Through: Ms. Asifa Padroo AAG. CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE SANJAY DHAR JUDGE O R D E R 01. Heard Mr. Sheikh Manzoor Ahmad learned counsel for the petitioner and Ms. Asifa Padroo learned AAG for the respondents. The appellant challenges the order of the Writ Court dated 27.09.2019 by which the petition filed by the petitioner appellant was dismissed. The petitioner appellant is seeking reimbursement of medical claim for his treatment at Apollo Hospital Delhi outside the State of Jammu and Kashmir and he has been non suited by the authorities as well as by the Writ Court on the ground that he has failed to produce the certificate of the Director Health Services as required under Rule 6 of the Jammu and Kashmir Civil ServicesRules 1990. The facts of the case clearly reveal that the petitioner was working as a Block Manager with the State Forest Corporation. He had proceeded on ten days leave from 21.02.2011 to 02.03.2011 for the purposes of getting his son LPA No.307 2019 admitted in Jamia Hamdard University Delhi. During his temporary stay at Delhi for this purpose he suffered a severe cardiac pain and was hospitalised in Apollo Hospital Delhi where he incurred a expenditure of Rs. 4 68 974.66 . The petitioner appellant on resuming duties claimed reimbursement of the said amount when his claim was not considered he filed OWP No.1747 2011 and the same was disposed of vide order dated 16.05.2017 with the direction to the respondents to consider the claim of the petitioner in accordance with the Rules and the judgment referred therein. In the light of the aforesaid direction the claim of the petitioner was considered and rejected vide order dated 09.07.2018 for want of production of the certificate in the prescribed proforma. The writ petition has also been dismissed on the same ground. 06. A perusal of the aforesaid Rules reveal that treatment outside the State and even reimbursement of expenses thereof are admissible on fulfilment of certain conditions. In this regard Rule 6(5) is relevant which provides that where a beneficiary resides temporarily outside the State and falls ill there suddenly and is advised admission in a hospital he will on production of necessary vouchers and certificates be allowed reimbursement of hospital charges including cost of drugs and charges for investigations provided it is recommended by the Director Health Services of the State after being satisfied that the beneficiary had suddenly fallen ill outside the State where he resided temporarily and was not already suffering from it before his departure from his home town. There is no dispute to the fact that appellant had no previous history of heart ailment and he suffered the stroke all of a sudden while living LPA No.307 2019 temporarily in Delhi and as such has to be treated outside the State on emergency basis. In this view of the matter it was incumbent upon the Director Health Services Kashmir to have considered the matter of the petitioner for grant of necessary certificate. The petitioner appellant cannot be non suited solely on the above technicality if otherwise his claim is genuine. In view of the aforesaid facts and circumstances we direct the petitioner appellant to approach the Director Health Service Kashmir for necessary certificate as contemplated by Rule 6(5) of the aforesaid Rules and in case the petitioner appellant so approaches him within a period of two weeks from today the Director Health Services Kashmir shall verify the necessary facts if necessary after summoning the relevant record and accord due consideration to the representation preferably within six week and if satisfied may issue the necessary certificate. Once the said certificate is issued by the Director Health Services Kashmir the petitioner appellant may produce it before the competent authority and his claim for reimbursement would be reconsidered on that basis irrespective of earlier orders. The order impugned in the writ petition and the order of the learned Single Judge shall stand eclipsed. The appeal is accordingly disposed of in the aforesaid terms. JUDGE CHIEF JUSTICE SANJAY DHAR) Srinagar Abdul Qayoom PS LPA No.307 2019 

Summary: When a government servant falls ill and needs to be hospitalised while visiting another state on leave, will still be entitled to reimbursement of hospital fees from his employer. This cannot be denied to him on the basis on minor technicalities. This was held in the judgement passed by a two member bench of the High Court of Jammu and Kashmir consisting of Justice Sanjay Dhar and Justice Pankaj Mithal in the case of Mohammad Gulzar Mir v Union Territory of Jammu &amp; Kashmir [LPA No. 307/2019] pronounced on 12th August 2021. The petitioner, Mohammad Gulzar Mir was working as a block manager with the State Forest Corporation in Jammu and Kashmir. He took 10 days of leave from 21st February 2011 till 2nd March 2011 so that he can accompany his son to Delhi and help him secure admission in Jamia Hamdard University, Delhi. During the petitioner’s temporary stay in Delhi, he began to feel severe pain in his heart and was admitted in Apollo Hospital, Delhi. The total hospital bill came to Rs. 4,68,974.66/- and upon resuming his duties with the State Forest Corporation back home, the petitioner requested that he be reimbursed the aforementioned amount for his hospital bill. When the State Forest Corporation in Jammu and Kashmir refused to consider the petitioner’s claim, he filed OWP No. 1747/2011 which led to the respondents being directed to consider the petitioner’s claim. However upon considering the petitioner’s claim, the respondents rejected it on grounds that the medical certificate had not been submitted in the prescribed proforma. The petitioner’s counsel pointed out as per Rule 6(5) of the Jammu and Kashmir Civil Services (Medical Attendance and Allowance) Rules 1990 “where a beneficiary resides temporarily outside the State and falls ill there suddenly and is advised admission in a hospital, he will, on production of necessary vouchers and certificates, be allowed reimbursement of hospital charges including cost of drugs and charges for investigations, provided it is recommended by the Director Health Services of the State after being satisfied that the beneficiary had suddenly fallen ill outside the State where he resided temporarily and was not already suffering from it before his departure from his home town”.