- (1.) In this writ application, the petitioner has prayed for quashing of Memo No. 1158 dated 13.05.2004 issued by the respondent No. 2 whereby the claim for reimbursement of the medical expenses incurred on the treatment of the deceased-employee has been rejected. A further prayer has been made for seeking a direction upon the respondents to reimburse the medical expenses incurred on account of the Kidney transplantation of the deceased-employee at Christian Medical College and Hospital, Vellore.
(2.) The writ application was originally filed by Smt. Chintamani Chittra but on account of her death her legal heirs were substituted vide order dated 04.12.2012 who are pursuing the present writ application.
(3.) The facts which have been stated in the writ application is that Smt. Chintamani Chittra (hereinafter referred to as the 'deceased-employee') was issued an appointment letter vide Memo No. 4 dated 24.08.1973 by the District Superintendent of Education, Hazaribagh pursuant to which she joined as Assistant Teacher, Primary School, Prathdih, Giridih on 01.09.1973. The deceased-employee since she was not keeping good health was taken for treatment and ultimately it was detected that her right Kidney was not functioning and it was necessary to take immediate steps for transplantation of the Kidney. Since immediate steps were required to be taken, she was brought to Christian Medical College and Hospital, Vellore where she was admitted on 09.04.2002 and her right Kidney which was donated by her son was transplanted on 18.07.2002. The deceased-employee because of her precarious condition did not have the time to take prior approval of the medical board but information was duly given on 16.08.2002 and 10.11.2002. The expenses incurred by the deceased-employee in getting her Kidney transplanted was to the tune of Rs. 3,50,350/-.;