O R D E R

1. The brief facts of the case are that the applicant was appointed as Teacher on 17.03.1999 and remained posted in Govt. Middle School, Hakkal Zone Satwari Tehsil and District, Jammu, Government Middle School, Mandal, Government HSS Gandhi Nagar, Jammu, Government Primary School, Mast Garh, Jammu and presently the applicant is posted in Government Ranbir Higher Secondary School, Parade Ground, Jammu. During the period when the applicant was posted in Government Middle School, Hakkal Zone Satwari, the applicant fell ill and medical Board of the applicant was done at Government Medical College and Associated Hospitals, Jammu. The applicant has been examined by the Standing Medical Board, GMC, Jammu on 19.03.2004 alongwith all the relevant investigations. Opinion of Dr. Sunil Gupta, Urologist, GMC, Jammu was also sought for and certified that the applicant is suffering for the disease of Erectile Dysfunction and requires specialized treatment which is available in the Bombay Hospital, Mumbai. The cost of treatment is approximately Rs. 3-4 lac. Despite that the applicant was not referred to Bombay Hospital, Mumbai and on 10.03.2005, in view of the latest report, the Standing Medical Board was directed to process the case afresh. The Medical Board re-examined the applicant on 14.01.2005, and opinion of HOD Psychiatry GMC, Jammu was also sought and it is certified that the applicant has manifested secondary depression because of pre- occupation of treatment of Erectile Dysfunction. Secretary to Government, Education Department has issued an Order No. 197-Edu of 2005 dated 29.03.2005 by which it was mentioned that as recommended by Standing Medical Board, Government Medical College and Associated Hospitals, Jammu sanction is accorded to the deputation of Sh. Sanjay Kumar Abrol (applicant), Teacher, Government Middle School, Hakkal Satwari, Jammu to All India Institute of Medical Sciences, New Delhi for treatment of Erectile Dysfunction along with one attendant and the grant of an advance of Rs. 2.63 lacs representing 75% of the estimated cost of Rs. 3.50 lacs. The advance thus sanctioned will be placed at the disposal of the Medical Superintendent, AIIMS, New Delhi through demand draft and the reimbursement/adjustment of the advance will be governed under the provisions of Rule 14.29 (A) of Financial Code Vol. I on items as admissible under rule 6(2) of J&K Civil Service Medical (Attendance-cum- Allowance) Rules, on production of vouchers/bills duly authenticated by the prescribed medical authority of All India Institute of Medical Sciences, New Delhi. Despite the order passed by Secretary to Government Education Department, the applicant was not referred to AIIMS or Bombay Hospital, Mumbai and the applicant is suffering from the disease and now the cost of the treatment has gone high up to 15 lac. The applicant got himself check up at PGI, Chandigarh and the applicant was advised daily injections which are very costly because now this disease is curable with the help of injections. The applicant served a legal notice on respondent no. 3, Financial Advisor/CAO, Education Department, Government of J&K, Civil Secretariat, Srinagar on 21.10.2013 with copy to the Accountant General J&K, and Director School, Education, Jammu wherein the applicant has mentioned that vide order No. 197-Edu of 2005 dated 29.03.2005 sanction is accorded to the deputation of the applicant to All India Institute of Medical Sciences, New Delhi for treatment of Erectile dysfunction along with one attendant and the grant of an advance of Rs. 2.63 lac representing 75% of the estimated cost of Rs. 3.50 lac. The advance thus sanctioned will be placed at the disposal of the Medical Superintendent, AIIMS, New Delhi through Demand Draft. But till date nothing has been done. The applicant requested the respondents to release Rs. 2.63 lac in his favour. The respondents have not filed the reply to the legal notice till date. So, it violates the provisions of