CENTRAL ADMINISTRATIVE TRIBUNAL SRINAGAR BENCH, SRINAGAR T.A. 76/2025 Heard and Reserved on: 04-12-2025 Pronouncement of Order on: 16-12-2025 C O R A M HON’BLE MS. JUSTICE RITU TAGORE, MEMBER(JUDL.)

Farkhanda Sultan W/O Fazal-ur-Rehman R/O Mehjoor Nagar Srinagar.

……Applicant By Advocate :

Mr. Nisar Ahmad VERSUS

1.Union Territory of J&K through Commissioner Secretary to Government, School Education Department, Civil Secretariat, Jammu/Srinagar.

2.Director, School Education, Kashmir, Srinagar.

3.Director, Finance, School Education Department, Civil Secretariat, Jammu/Srinagar.

4.Chief Education Officer, Srinagar. 5.Zonal Education Officer, Srinagar.

6.Finance Advisor/Chief Accounts Officer, School Education Department, Civil Secretariat, Jammu/Srinagar.

7.Chief Accounts Officer, Directorate Of School Education, Kashmir, Srinagar.

..….Respondents Devendra Digitaly signed by Devendra Tripathi DN: C=IN, O=Personal, T=5448, OID.2.5.4.65=1335902360675164369yr67OOaFf4FUU, Phone=236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7edc7b4806, By Advocate :-

Mr. Satinder Singh, AAG O R D E R (FINAL)

JUSTICE RITU TAGORE, MEMBER [JUDL.]

01. The petitioner has prayed for medical reimbursement of a sum of Rs. 7,86,939/- spent by her on the treatment of her husband Fazal-ur-Rehman, which respondent No. 3 has refused to grant on the ground that she did not obtain a prior referral certificate from the health institute before taking the treatment from outside the State and rejected the claim, stating that the it is not genuine under the applicable rules, vide order dated 03.07.2023, issued by the Director, Finance, School Education Department, Civil Secretariat, Jammu/Srinagar, respondent No.3 (Annexure A-I).

02.The petitioner claimed that she is a regular employee of the Government and is working as a Teacher in Government Middle School, Mehjoor Nagar, Srinagar. Her husband, Fazal-ur-Rehman, though stated to be educated, is unemployed and dependent upon her.

Devendra Digitaly signed by Devendra Tripathi DN: C=IN, O=Personal, T=5448, OID.2.5.4.65=1335902360675164369yr67OOaFf4FUU, Phone=236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7edc7b4806, 03.In the year 2016, the husband of the petitioner fell seriously ill due to a cardiac problem. Initially, treatment was availed in a routine manner from the local hospitals at Srinagar, including SKIMS, Soura. The doctors of SKIMS, however, advised that the petitioner’s husband needs to undergo a surgical procedure. After being so advised by the doctors, the petitioner and her husband agreed to undertake the medical procedure. However, due to highly volatile and deteriorating law conditions in the valley(Srinagar) at the relevant point of time, it had become difficult for the petitioner to manage the treatment of her husband in Srinagar. Due to curfew and mob gatherings, movement from the house was very difficult. On the contrary, the health of the husband of the petitioner deteriorated rapidly.

04. In such compelling and emergent circumstances, in order to save the life of her husband, the petitioner shifted him to Delhi and got him admitted to Sir Ganga Ram Hospital, Delhi.

Devendra Digitaly signed by Devendra Tripathi DN: C=IN, O=Personal, T=5448, OID.2.5.4.65=1335902360675164369yr67OOaFf4FUU, Phone=236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7edc7b4806, 05. In the hospital, emergent measures were taken by the concerned doctors. They replaced the heart valves and fitted an additional pacemaker to the husband of the petitioner. According to the petitioner, if she had waited for normalcy in the valley, it would have been difficult for her to save the life of her husband.

06.The petitioner states that she incurred heavy costs on medicines as well as the surgical procedure adopted by the doctors in Delhi on her husband. Accordingly, the petitioner approached the respondents with the medical reimbursement claim in respect of the expenses incurred by her in relation to the treatment of her husband and place