Jammu & Kashmir High Court - Srinagar Bench
Mohammad Gulzar Mir vs Union Territory Of J&K And Others on 12 August, 2021
Sr. No.203
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CJ Court
LPA No.307/2019
Mohammad Gulzar Mir ...Petitioner(s)/Appellants.
Through: Mr. Sheikh Manzoor Ahmad, Advocate.
Vs.
Union Territory of J&K and others. ....Respondent(s)
Through: Ms. Asifa Padroo, AAG.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE
ORDER
12.08.2021
01. Heard Mr. Sheikh Manzoor Ahmad, learned counsel for the petitioner
and Ms. Asifa Padroo, learned AAG, for the respondents.
02. The appellant challenges the order of the Writ Court dated 27.09.2019
by which the petition filed by the petitioner/ appellant was dismissed.
03. The petitioner/ appellant is seeking reimbursement of medical claim for
his treatment at Apollo Hospital, Delhi, outside the State of Jammu and
Kashmir and he has been non-suited by the authorities as well as by the Writ
Court on the ground that he has failed to produce the certificate of the Director
Health Services as required under Rule 6 of the Jammu and Kashmir Civil
Services (Medical Attendance and Allowance) Rules, 1990.
04. The facts of the case clearly reveal that the petitioner was working as a
Block Manager with the State Forest Corporation. He had proceeded on ten
days leave from 21.02.2011 to 02.03.2011 for the purposes of getting his son
admitted in Jamia Hamdard University Delhi. During his temporary stay at
Delhi for this purpose, he suffered a severe cardiac pain and was hospitalised
in Apollo Hospital, Delhi, where he incurred a expenditure of Rs.
4,68,974.66/-. The petitioner/ appellant on resuming duties claimed
reimbursement of the said amount, when his claim was not considered, he filed
OWP No.1747/2011 and the same was disposed of vide order dated
16.05.2017 with the direction to the respondents to consider the claim of the
petitioner in accordance with the Rules and the judgment referred therein.
05. In the light of the aforesaid direction, the claim of the petitioner was
considered and rejected vide order dated 09.07.2018 for want of production of
the certificate in the prescribed proforma. The writ petition has also been
dismissed on the same ground.
06. A perusal of the aforesaid Rules reveal that treatment outside the State
and even reimbursement of expenses thereof are admissible on fulfilment of
certain conditions. In this regard Rule 6(5) is relevant which provides that
where a beneficiary resides temporarily outside the State and falls ill there
suddenly and is advised admission in a hospital, he will, on production of
necessary vouchers and certificates, be allowed reimbursement of hospital
charges including cost of drugs and charges for investigations, provided it is
recommended by the Director Health Services of the State after being satisfied
that the beneficiary had suddenly fallen ill outside the State where he resided
temporarily and was not already suffering from it before his departure from his
home town.
07. There is no dispute to the fact that appellant had no previous history of
heart ailment and he suffered the stroke all of a sudden while living
temporarily in Delhi and as such, has to be treated outside the State on
emergency basis.
08. In this view of the matter, it was incumbent upon the Director, Health
Services Kashmir to have considered the matter of the petitioner for grant of
necessary certificate. The petitioner/ appellant cannot be non-suited solely on
the above technicality, if otherwise his claim is genuine.
09. In view of the aforesaid facts and circumstances, we direct the
petitioner/ appellant to approach the Director Health Service Kashmir for
necessary certificate as contemplated by Rule 6(5) of the aforesaid Rules and
in case the petitioner/ appellant so approaches him within a period of two
weeks from today, the Director Health Services Kashmir shall verify the
necessary facts, if necessary, after summoning the relevant record and accord
due consideration to the representation preferably within six week and, if
satisfied, may issue the necessary certificate. Once the said certificate is issued
by the Director Health Services Kashmir, the petitioner/ appellant may
produce it before the competent authority and his claim for reimbursement
would be reconsidered on that basis irrespective of earlier orders.
10. The order impugned in the writ petition and the order of the learned
Single Judge shall stand eclipsed.
11. The appeal is, accordingly, disposed of in the aforesaid terms.
(SANJAY DHAR) (PANKAJ MITHAL)
JUDGE CHIEF JUSTICE
Srinagar
12.08.2021
Abdul Qayoom, PS
ABDUL QAYOOM LONE
2021.08.13 17:28
I attest to the accuracy and
integrity of this document
