[2011(3) ADJ 805 (DB)(LB)]
ALLAHABAD HIGH COURT
(Lucknow Bench)
BEFORE : DEVI PRASAD SINGH AND SUDHIR AGARWAL, JJ.
Dr. S.P. MITTAL .....Petitioner
Versus
STATE OF U.P. AND OTHERS .....Respondent
(Writ Petition No. 251(S/B) of 2009, decided on 23rd March, 2011)
By the Court.—Heard Sri Sunil Sharma, learned counsel for petitioner and learned Standing Counsel for respondents.
2. Petitioner has sought writ of mandamus commanding the respondents to pay medical reimbursement of Rs. 17,146/- and 6,570/- alongwith interest without insisting on the original medical vouchers and further to conduct a high level enquiry to find out the person responsible for loss of original bill vouchers.
3. The facts, in brief, giving rise to the present dispute are as under.
4. Petitioner, Dr. S.P. Mittal, retired from the post of Director of Education, U.P. on 31.7.1990 having attained the age of superannuation. After retirement, he settled at Delhi and having exercised his option, which has been accepted by the respondents, he is drawing pension at Delhi through Pay and Accounts Office, U.P. Bhawan, New Delhi. Presently, petitioner is above 78 years of age. He and his wife are chronic patients of Diabetes and Asthma, hence, undergoing regular medical treatment at Delhi. The medical reimbursement claim of petitioner and his wife used to be examined and countersigned by Addl. Director, Medical Health, Meerut Region, Meereut whereafter the payments are made by Senior Pay and Accounts Officer, U.P. Shasan at Delhi (wherefrom he is receiving his pension).
5. For reimbursement of medical bills for the period 1.7.2006 to 31.12.2006, requisite documents/original vouchers were submitted by petitioner to the competent countersigning authority who after technical examination thereof, forwarded the same to the Government vide letter dated 21.2.2007 recommending for payment of Rs. 17,146/- for the petitioner’s medical bills and Rs. 6,570/- for petitioner’s wife’s bills. The Deputy Secretary, U.P. Government sent letter dated 6.9.2007 addressed to the Addl. Director, Meerut Region, Meerut stating that medical reimbursement claim recommendation in regard to Dr. S.P. Mittal and his wife Smt. Savita Mittal are being returned since the same have been furnished without recommendation of Regional Medical Board/Provincial Medical Board. Petitioner, thereafter, had to appear before State Medical Board on 25.10.2007. The Provincial Medical Board consisted of the Director General, Medical and Health Service, U.P. Lucknow as Chair Person, Chief Medical Officer, Lucknow as Secretary of the said Medical Board and Head of Department, Opthalmology, Medical College, Lucknow as Member. The Board verified medical claim of petitioner and his wife for payment vide certificate dated 25.10.2007/22.11.2007, copy whereof has been placed on record as Annexure 2 to writ petition.
6. The matter remained pending with Government.
7. Again on 17.3.2008, the Special Secretary, U.P. Government, sent a letter to the Director of Education stating that in view of the Government Order dated 11.2.2008, as per the new procedure, medical bills relating to treatment obtained outside State of U.P. has to be sanctioned by the competent sanctioning authority and, therefore, a decision at the level of Director of Education was required to be taken. The aforesaid letter of the Government was transmitted to Directorate of Education, U.P. Allahabad from the Camp Office of Deputy Director of Education, Lucknow with request to take appropriate decision on the medical reimbursement claim of petitioner and his wife expeditiously.
8. The Director of Education sent a letter dated 6.8.2008 to the Deputy Secretary, U.P. Government (Education), Lucknow that alongwith Government Order dated 17.3.2008, original bill vouchers of medical claim as also the photocopy of Government Order dated 11.2.2008 were not received and, therefore, the said documents be forwarded at the earliest for further action.
9. In the meantime, since the matter was pending for more than one and half years, petitioner sent a representation dated 9.9.2008 to Chief Secretary, U.P. Government, brining to his notice petitioner’s frustration and predicament as also harassment due to non clearance of medical c
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