D.N. Patel, A.C.J. - (1.) This writ petition was initially a Public Interest Litigation being W.P. (PIL) No.2504 of 2017 because a letter was written by widow of deceased Judge of this High Court to the effect that she is not getting medical reimbursement under the Jharkhand High Court Judges' (Medical Facilities) Reimbursement Rules, 2004.
(2.) The letter written by the widow of the deceased Judge of this High Court was dated 10th April, 2017 which was converted into Writ Petition (PIL). Thereafter, vide order dated 3rd May, 2017, Public Interest Litigation it was converted into W.P.(C) No.2504 of 2017. The order dated 3rd May, 2017 reads as under:- "03.05.2017 Perused the letter dated 10.04.2017. It appears that this case has wrongly been registered as Public Interest Litigation [W.P. (PIL)] instead of Writ Petition (Civil). Accordingly, this Court directs the Registry to register this case under Article 226 & 227 of the Constitution of India and change the nomenclature of the case as "Writ Petition (Civil)." This Court appoints Mrs. Anubha Rawat Choudhary, learned counsel as Amicus Curiae in this case to assist this Court on behalf of the petitioner. This Court further directs the Registry to serve a copy of the petition each on Mrs. A.R. Choudhary, learned Amicus Curiae and Mr. R.R. Mishra, learned GP-II in course of the day. Mr. Mishra, learned GP-II undertakes to obtain instructions in this matter from the Principal Secretary, Department of Health & Family Welfare, Government of Jharkhand, Ranchi. Since provision of Rules is under question in this case, this matter should be listed before a Division Bench. Accordingly, list this case day after tomorrow, i.e. on 05.05.20017 before Division Bench No.1, for further hearing."
(3.) Having heard the counsel for the respondent-State and looking to the facts and circumstances of the case, it appears that a wife of sitting Judge or a wife of retired Judge of this Court is getting medical reimbursement whereas a widow of a deceased Judge of this Court is not getting the medical reimbursement because of defective drafting of the Rules, 2004, especially Rule 3(d) to be read with Rule 3(f).;