JUDGMENT :

J.B. PARDIWALA, J.

1. This petition under Article 226 of the Constitution has been preferred by Ex. Managing Director of the Gujarat State Seeds Corporation with the following prayers:

“1. This Hon'ble Court be pleased to issue a Writ of Mandamus or a writ in the nature of Mandamus or any other appropriate Writ, Direction or Order, declaring that the action of the Respondent-Authorities in not reimbursing the full amount of Medical Bill amounting to Rs. 1,45,810/- submitted by the petitioner for his by-pass surgery at Apollo Hospitals, Madras on 16.10.1999 and paying adhoc payment of Rs. 70,000/- as illegal and to pay interest on the balance amount from the date of submission of the Bill till the date of payment.

2. Be pleased to pass such other and further orders as may deem just and proper in the facts and circumstances of the case.

3. Be pleased to award the costs of this petition.

4. During the admission, pendency and final disposal of the petition, be pleased to direct the respondents to deposit the balance amount of Bill i.e. Rs. 75,810/- along with 24% interest from the date of submission of the Bill till its payment, before this Hon'ble Court, without prejudice to the rights and contentions of both the parties.”

Facts shortly stated are thus:

2. Petitioner after having been retired as an Area Development Commissioner, Ahmedabad came to be appointed as Managing Director of the Gujarat State Seeds Corporation.

3. Record reveals that on 13th September 1999 when the petitioner was in active service with Respondent No. 4 he went to meet the Hon'ble Minister of the concerned department and all of a sudden complained of severe chest pain. On 15th September 1999 the petitioner was advised to undergo angiography and accordingly on 16th September 1999 angiography was performed upon the petitioner at Rajasthan Hospital, Ahmedabad. The angiography report revealed that there were 7 blockages in three blood vessels carrying blood to and from the heart. The Doctor certified the same as severe triple DCC. The petitioner was advised to undergo By-pass surgery at the earliest as the blockages in the three blood vessels were 7 in numbers. Considering the seriousness of the situation the petitioner was advised to go to Chennai and get himself operated at Apollo Hospital. As per the circular of the Government of Gujarat dated 26th March 1999 issued by Respondent No. 1 if a person wants to undergo a surgery at Hospital outside the State i.e. at another State, then he has to seek approval of the Head of the Cardiology Department, Civil Hospital, Ahmedabad, who will recommend such cases and more particularly for the purpose of reimbursement of the entire medical expenses signature of the RMO-Cadre-I, Civil Hospital, Ahmedabad is also a must.

4. It is a case of the petitioner that immediately on 20th September 1999 he addressed a letter to the Head of Cardiology Department, Ahmedabad Civil Hospital enclosing the angiography test reports requesting for reimbursement of medical expenses as the petitioner was to get himself operated at Chennai Apollo Hospital. The petitioner also addressed one another letter dated 27th September 1999 to Respondent No. 3 seeking prior approval for the purpose of getting himself operated at Apollo Hospital, Chennai.

5. Record reveals that the Doctors at Ahmedabad advised the petitioner to send angiography report as well as the cassettes to Apollo Hospital, Chennai. The petitioner forwarded the angiography test report along with the cassettes to Apollo Hospital at Chennai and the hospital authorities at Chennai informed the petitioner to get himself admitted on 13th October, 1999 and to get operated on 16th October, 1999.

6. It appears that in response to the application which was preferred by the petitioner to Respondent No. 5, a letter was written on 23rd September, 1999 but signed on 5th October, 1999. It is the case of the petitioner that the date of the letter was changed to 6th October, 1999 and posted on 14th