R.L. Anand, J. - (1.) SMT . Rajwant Kaur petitioner has filed the present writ petition under Articles 226/227 of the Constitution of India against the State of Punjab and others and has prayed that a writ in the nature of mandamus be issued against the respondents directing them to reimburse the medical bills which were submitted by her husband vide Annexures P3 and P4, along with interest.
(2.) SOME facts can be noticed in the following manner : - The husband of the petitioner was a Government employee and he suffered heart trouble and in the month of February, 1990 he was got admitted in Civil Hospital and ultimately he was referred to PGI, Chandigarh by the Civil Surgeon, Kapurthala. However, when the husband of the petitioner was going to Delhi in connection with Akhand Paath of his relative, had to be admitted in Escort Hospital at Delhi, where he was operated upon and in that process the petitioner incurred a sum of Rs. 2 lacs on his treatment. The husband of the petitioner submitted medical claim on different dates for his treatment from 21.10.1991 to 5.11.1991 and 24.11.1992 to 21.12.1992 for reimbursement. He had been waiting for the reimbursement and when he could not get the medical reimbursement from the respondents, he made a representation on 10.12.1993. In spite of the representation made by him, nothing material could come out. Ultimately he died on 30.6.1994. The petitioner made several representations in the years, 1996, 1997 and 1998 and she also made several visits to the office of the respondents to get the medical reimbursement claim of her husband but to no effect. As a last resort the petitioner gave a notice on 1.10.1999 and when the same also did not bring any fruits for the petitioner, she has to file the present writ petition. Notice of the writ petition was given to the respondents, who filed a joint written statement denying the allegations. The stand taken up by the respondents' is that according to the Punjab Govt. letter dated 6.7.1971, the medical bill for reimbursement is to be submitted within six months after the completion of the treatment. Rawel Singh, husband of the petitioner, remained under treatment for the period from 24.11.1992 to 21.12.1992 and the bills were submitted on 21.2.1994, after one year and two months of the completion of the treatment. Therefore, the claim of the petitioner has become time barred; It was also pleaded by the respondents that since the present writ petition has been filed in the year 1999, therefore, it suffers from delay and laches. So far as merits are concerned, it is the case of the respondents that the husband of the petitioner was entitled to the medical reimbursement. In short, the petitioner is being deprived of the claim on two grounds - that the claim was not submitted within limitation; and that the writ has been filed after a lapse of seven years.
(3.) I have heard Mr. Rakesh Kumar, Advocate, for the petitioner; Ms. Gurveen H. Singh, DAG, -Punjab, for the respondents and with their assistance have gone through the record of the case.;