SMT. RANJANA DESAI, J. : - In this petition filed under Article 226 the Constitution of India, the petitioner has prayed for a direction to the respondents to sanction and reimburse medical expenditure bills to the tune Rs. 1,53,000/ - incurred by the petitioner for undergoing Angiography on 23 -1 -1997 and By -pass surgery operation on 31 -12 -1997 in Poona Medic Foundations, Ruby Hall Clinic.

2. It is necessary to give a gist of the facts as stated in the petition. T petitioner had obtained degree in B.Sc. (Agri.) and B. Ed. He was appointed Asstt. Teacher with effect from 12 -6 -1972 in K. B. High School Chinchwa Taluka Peth, District Nashik. He was transferred as Headmaster in Post Basi Ashram School (Secondary) Chinchwad, Taluka Peth by order dated 15 -7 -197 According to the petitioner the said school is receiving grant of the 1 respondent State of Maharashtra.

3. It is the case of the petitioner that he discharged his duties Headmaster in Chinchwad school upto 1979 and thereafter he was transferred Headmaster to Post Basic Ashram School Manur, Taluka Kalwant, Distri Nashik where he worked till 1987. The petitioner was thereafter transferred Post Basic Ashram School at Pandane Taluka Dindori, District Nashik.

4. The petition is filed in May, 1999. It is stated in the petition that t petitioner was due to retire on 28th December, 2000. The petitioner h obviously retired from service by now.

5. According to the petitioner he was advised to undergo Angiography accordingly on 23 -12 -1997 he underwent Angiography in Poona Medic Foundations, Ruby Hall Clinic and the petitioner was operated for By -pa surgery at the same hospital on 31 -12 -1997. The petitioner was discharged fro the said hospital on 16 -1 -1998. He was advised bed rest till the end of April, 1998. The petitioner incurred expenditure to the tune of Rs. 1,53,000/ - toward Angiography and By -pass surgery.

6. According to the petitioner in the meantime the school committee Post Basic Ashram School Pandane passed a Resolution on 28 -12 -19 recommending the submission of the petitioners medical bills to the tune Rs. 1,20,000/ - to the State Government for sanction.

7. From the annexures to the petition it is evident that letter dated January, 1998 was sent by the Principal of the Post Basic Ashram Sch, Pandane to the Project Officer Ekatrnik Adivasi Vikas Prakalp Nashik requesti payment towards medical expenses of the petitioner. The said officer by his let dated 6 -1 -1998 forwarded a copy of letter dated 18 -3 -1996 of Additional Commissioner Tribal Division, Nashik, to the effect that the employees of aid Ashram School Post Basic Ashram Schools are not entitled to reimbursement medical expenditure bills. It was, however, conveyed to the Principal that petitioners proposal was under consideration.

8. Another letter dated 18 -3 -1996 was also enclosed to the said letter dated 6 -1 -1998. It was addressed on behalf of Adivasi Vikas Nashik to Project Office Nashik stating that Government Resolution dated 12 -3 -1989 does not co Ashram Schools of Tribal Development Department and, therefore, employees of Ashram Schools/Post Basic Ashram Schools are not entitled to reimbursement of medical expenditure bills.

9. The petitioner then made a representation dated 30 -4 -1998 to the Secretary Tribal Development Department, Government of Maharashtra, requesting for reimbursement of medical expenses. The petitioner has addressed several letters to various authorities requesting for reimbursement. However, the said authorities have not responded to the petitioners letters. The petitioner has, therefore, approached this Court.

10. We have heard Mr. Ketkar, the learned counsel appearing for the petitioner at some length. Mr. Ketkar contended that there is no distinction between the employees of the Ashram Schools/Post Basic Ashram Schools and employees of Secondary Schools. He submitted that both are governed by the same terms and cond