M.Y.EQBAL, J. - (1.) THE only question which falls for consideration is whether the petitioner is entitled to the same privilege and perquisites which he was enjoying as a sitting Judge of the High Court particularly in the matter of reimbursement of medical bills.
(2.) THE petitioner retried as a Judge of the Jharkhand High Court. After retirement the petitioner was appointed as the President, Jharkhand State Consumer Disputes Redressal Commission, pursuant to the notification dated 13.6.2001. In the first week of March, 2004, the petitioner became sick and got admitted in the Ranchi Nursing Home and thereafter he went to Kottakal (Kerala) for treatment which continued up to 28.6.2004. Serious cases of cervical disorder, arthoritis and bone related problems were treated at Kottakal (Kerala). The petitioner also underwent cervical surgery in All India Institute of Medical Science, New Delhi. Earlier a bill of Rs. 17,202.19 was submitted to the concerned Government Department, i.e. Department of Food, Civil Supply and Commerce, Government of Jharkhand, for reimbursement, but it was returned with a reply that there is no provision in the Consumer Protection Rules, 1987 for entertaining the medical bills. Again medical bills along with detailed vouchers showing the expenditure to the tune of Rs. 2,48,663.70 incurred both at Kottakal (Kerala) and All India Institute of Medical Science, New Delhi, duly countersigned by the hospital authorities, were sent to the respondent -Health Department, but the Department sent the bills to the Personal Department on the ground that such matters are being dealt with by the said Department. The Personal Department, in their turn, sent back the bills to the Secretary, Food Department, on the ground that said Department is the appropriate authority. The Food, Supply and Commerce Department rejected the reimbursement of medical bills. The petitioner 'scase is that he while being a Judge of the High Court was entitled to reimbursement of his medical expenditures besides other perquisites. Respondent No. 2 Secretary, Department of Health and Family Planning, Government of Jharkhand, Ranchi filed affidavit wherein it is stated that petitioner should claim reimbursement of his medical bills according to Jharkhand High Court Judges ' (Medical Facilities) Reimbursement, Rules, 2004. It is contended that instead of the State of Jharkhand, the Registrar General of Jharkhand High Court is the competent authority to look into the matter and reimburse the medical bills of the petitioner.
(3.) ANNEXURE 1 is the notification dated 13.6.2001 by which the petitioner was appointed as the President, State Consumer Disputes Redressal Commission, Jharkhand. There is nothing in the notification relating to the conditions of service. It was virtually a re -employment unconditionally.;