Smt. Lisa Bardhan vs The State Of Tripura And 3 Ors
2022 Latest Caselaw 590 Tri

                         HIGH COURT OF TRIPURA
                               AGARTALA

                            WP(C) 914 of 2021

Smt. Lisa Bardhan
                                                               ---Petitioner(s)
                                    Versus
The State of Tripura and 3 Ors.
                                                             ---Respondent(s)

For Petitioner(s)                       : Ms. S. Debbarman, Adv.
For Respondent(s)                       : Mr. K. De, Addl. GA.

              HON'BLE MR. JUSTICE T. AMARNATH GOUD

                                   ORDER

27.06.2022

This is a petition under Article 226 of the constitution of India

for quashing and cancelling the letter dated 07.09.2021 issued by the

District Education Officer, Dy. Director, Sepahijala District Zonal Officer to

the Inspector of School, Sonamura and also for quashing and cancelling the

letter dated 16.08.2021 issued by the Directorate of Secondary Education,

Tripura to the District Education Officer, Sepahijala District Zonal Office.

The petitioner also urged this court to direct the respondents to accord

sanction of Medical reimbursement Bill for Rs.4,08,658/- and TA Bill

13.,999/- submitted by the petitioner on 27.01.2020 for reimbursing the

expenditure incurred by the petitioner for her treatment at Apollo Hospital,

Chennai.

[2] It is the case of the petitioner that the petitioner has prayed for

necessary direction upon the respondents to release Medical

Reimbursement Bill, amounting to Rs.4,08,685/ and TA Bill, amounting to

Rs.13,999/- submitted by the petitioner on 27.01.2020 to the District

Education Officer, Sepahijala District Zonal Office, Sepahijala Tripura, in

connection with her treatment, outside the state of Tripura at Apollo

Hospital, Chennai and also for quashing and cancelling the letter, dated

16.08.2021 issue by the Directorate of Secondary Education, Government

of Tripura.

[3] It is stated by the petitioner that she is serving in the post of

Head Mistress, Higher Secondary School under the Respondent. At present

the petitioner is posted at Madhuban (K) H. S School, Sadar. When the

petitioner was posted at Rangamatia H.S School, Sonamura on her return

journey from her school to home the petitioner met with a road traffic

accident on 26.09.2019. The vehicle by which the petitioner was returning

home collided with a bus coming from opposite direction on Agartala-

Bishramganj Road at Chesrimai. Due to the accident six fellow passengers

of the vehicle died on the spot. The petitioner suffered severe injuries.

[4] From the place of accident the petitioner was brought to

Bishramganj PHC by local people. From Bishramganj PHC the petitioner was

shifted to Trauma Centre, AGMC & GBP Hospital and the petitioner was

taken to the ICU wherein the petitioner was admitted as indoor patient for

many days. In the accident he petitioner suffered severe head injury with

multiple forehead fractures including Clavical fracture. The petitioner also

suffered severe eye injury. The petitioner also suffered periorbital edema.

The petitioner was very critical and the petitioner experienced severe

temporal haemorrhagic clavicle fracture.

[5] Though the petitioner as discharged from AGMC & GBP Hospital

but the condition of the petitioner was far from normal. She had been

suffering severe head pain, the eyesight of the petitioner was badly

affected, it was severely diminished. The petitioner had been feeling

discomfort and uneasiness. The petitioner had to remain bed ridden. The

petitioner attended OPD of AGMC on 10.10.2019, the petitioner followed

the advice given by the attending Doctor at 10.10.2019. But even

thereafter the condition of the petitioner did not improve. The petitioner

was not given proper treatment at AGMC & GBP Hospital. The condition of

the petitioner was deteriorating the eye sight of the petitioner was almost

lost. The petitioner also could not walk, instead of improvement the

condition was deteriorating. Being confronted with such situation the

petitioner become very puzzled and nervous. The petitioner went to

Chennai for her proper treatment. The petitioner was given conservative

treatment at AGMC and GBP Hospital.

[6] The petitioner by the letter dated 27.01.2020 submitted MR bill

for Rs.4,08,658/- in duly filled form no 29. The bill was submitted to the

District Education Officer, Sepahijala District Zonal Office, with the bill all

relevant documents and judgment of the this court passed in WP(C) 895 of

2018 were enclosed. The TA bill of Rs.13,999/- was also submitted by the

MR bill. In course of time Dy. Director, District Education Officer, Sepahijala

District Zonal Office, vide letter dated 09.03.2021 communicated to the

inspector of School. HO & DDO Education Inspector, Sonamura, Sepahijala

Tripura in respect of MR Bill of Rs.4,08,658/-. Finance Department has

requested to furnish information regarding the place of accident and reason

for why referral certificate was not taken from the State Medical Board.

[7] To the reply to the letter dated 09.03.2021 and 19.03.2021

regarding clarification, the petitioner stated that motor accident took place

at Chesrimai Bishramganj Sepahijala on 26.09.2019 while she was

returning from school to home by motor vehicle. The petitioner also stated

that she suffered multiple forehead fractures including clavicle and eye

sight injuries. The petitioner also stated that after 10 days of her treatment

at AGMC & GBP Hospital she was released from the hospital on

03.10.02019 without further tests and check up, through the petitioner was

not physically stable. The petitioner also stated after few days of discharge

serious complications developed. In view of that, the family members of

the petitioner had taken her to super specialty hospital i.e Apollo Hospital

for her recovery. The petitioner stated that she had no time to take referral

certificate from State Board she had no time to take referral certificate

from State Board as her survival was in question. The petitioner further

stated that when the petitioner attended Apollo Hospital the Doctor advised

her immediate admission and three surgeries were done at Apollo Hospital.

The petitioner also stated, that she had to stay in Chennai even after

surgeries because her eye sight visual pathway was dysfunctional and the

petitioner was not able to work properly. The doctors also advised further

review and next surgery but due to Corona Pandemic the petitioner could

not avail next surgery.

[8] Thereafter, the Director of Secondary Education by letter dated

16.08.2021 returned the District Education Officer, Sepahijala Dsitrict Zonal

Office, Bisharamganj Sepahijala Tripura, the MR Bill for Rs.4,08,658/- and

TA bill of Rs.13,999/- submitted by the petitioner on the ground that the

petitioner availed treatment outside the State without being referred by

Standing Medical Board, in the letter it is stated that the Finance

Department regretted the MR Bill and TA Bill submitted by the petitioner as

the petitioner was not referred by the Standing Medical Board.

[9] Thereafter, the District Education Officer, Dy. Director,

Sepahijala District Zonal Office, Bishramganj, Sepahijala Tripura vide letter

dated 07.09.2021 returned the MR Bill and TA Bill submitted by the

petitioner on the ground that the Finance Department has not approved the

bills as she was referred by the State Medical Board.

[10] Finally, the petitioner has stated that the respondents have

failed to consider that under compelling and unavoidable circumstances

which were beyond the control of petitioner, the petitioner had to avail

treatment at Apollo, Chennai, the conservative treatment given to the

petitioner at AGMC & GBP Hospital was not adequate for recovery of the

petitioner and also to lessen the sufferings of the petitioner. The petitioner

was in a very compelling situation and in such situation the petitioner could

not have been asked to wait for referral certificate.

[11] The petitioner having no other alternative has approached this

curt for ends of substantial justice.

[12] In reply the respondent Nos.1 to 4 have submitted that the

petitioner was well aware of the condition before undertaking her treatment

for which the amount of Rs.4,08,658/- has been claimed. She should have

taken the referral from standing medical board. But she did not find any

justification to follow the settled norms. As a result her claim for further re-

imbursement was rejected. Thus, the plea of the petitioner that she is

entitled to the claim as per the judgments of this high court does not

appear to be a ground and hence it may be rejected.

        [13]        Heard both sides.

        [14]        Having perused the entire records, this court is of the opinion

that the respondents shall accord sanction of Medical reimbursement Bill for

Rs.4,08,658/- and TA Bill of Rs.13,999/- submitted by the petitioner on

27.01.2020 for reimbursing the expenditure incurred by the petitioner for

her treatment at Apollo Hospital, Chennai subject to the verification of the

Directorate of Secondary Education, Govt. of Tripura, Agartala. Such

reimbursement shall be granted within one month from the date of receipt

of the copy of this order.

[15] With the above observation, this writ petition is allowed and

disposed of.

JUDGE

Dipak