Rakesh Kumar Jain, J. - (1.) THE petitioner has filed this petition under Articles 226/227 of the Constitution of India, for issuance of a writ in the nature of certiorari seeking quashment of letters Annexures P -4 and P -5 and also for directing respondents to reimburse the medical expenses incurred by the husband of the petitioner on his treatment.
(2.) PETITIONER is the widow of Karam Singh, who was a Vocational Master in Government Senior Secondary School, Samrala, District Ludhiana. On 10.11.1999 Karam Singh had renal transplant at Dayanand Medical College and Hospital at Ludhiana. Till the time of his death, which took place on 202.2005, he had taken treatment from the same Institution. According to the petitioner, Karam Singh had obtained all the complicated Chronic Disease Certificates for each year from the Medical College/Rajindra Hospital, Patiala as it was required under the rules though, he was continuously treated at the Dayanand Medical College and Hospital at Ludhiana as the same was near -most hospital from the residence of the petitioner. Documents Annexures P -1 to P -3 are the certificates for the period from 05.2.2002 to 29.1.2003; 22.4.2003 to 19.4.2004 and from 06.4.2004 to 30.4.2005 respectively. The petitioner had pleaded that husband of the petitioner ever since his operation was treated at Dayanand Medical College and Hospital, Ludhiana and had claimed his medical reimbursement from time to time. In this process, he had submitted four medical expenses bills for reimbursement with the office of the respondents through proper channel. The details of the expenses incurred as an Outdoor patient are given as under: Sr. Period of Treatment Amount Despatch No. & Date No. 1. 01.01.03 to 24.2.03 31,147.00 625/15.7.03 13.03.03 to 19.5.03 2. 24.06.03 to 10.2.04 52,572.00 805/12.5.04 Expenses incurred as an indoor patient. 1. 25.02.04 to 12.3.04 29,212.00 624/15.7.03 2. 16.03.04 to 20.3.04 9,260.00 813/26.5.04 Since die aforesaid medical bills were not reimbursed by the respondents, a legal notice dated 16.12.2004 was served and thereafter, the petitioner filed C.W.P. No. 1525 of 2005, which was disposed of on 27.1.2005 with the following order: Present: Sh. Arvinder Singh, Advocate, for the petitioner. In this writ petition, it is grouse of the petitioner that despite having submitted medical bills for reimbursement, nothing has been paid to him. By stating his grievance, he had already sent a legal notice, Annexure P/4 dated 16.11.2004 to the authorities concerned. In view of facts mentioned in this writ petition, it is disposed of with directions to respondent No. 4 to decide claim of the petitioner towards medical reimbursement, as per law, by passing a speaking order. Needful be done within a period of two months from the date of receipt of a copy of this order. If petitioner is found entitled to payment, as prayed, same be paid to him within a period of one month thereafter. Since the aforesaid order was not complied with well within time, the petitioner had to file a contempt petition No. 1255 to 2005 against the Director, Public Instructions (respondent No. 5). During the pendency of the contempt petition, both respondent Nos. 5 and 4 vide their letters dated 13.2.2006 and 17.2.2006 respectively, rejected the claim of the petitioner on the ground that the claim of the petitioner for medical reimbursement is against the instructions of the State Government dated 09.10.2001.
(3.) IN the present petition, the petitioner has thus sought a writ of certiorari for seeking quashment of the aforesaid two letters, which are attached as Annexure P -4 and P -5 respectively and also sought a writ of mandamus directing the respondent to reimburse the medical expenses incurred by the deceased husband of the petitioner on his treatment immediately along -with appropriate rate of interest for the period of delay.;