Rama Nand Ram v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6256 of 2011 ====================================================== Rama Nand Ram Munarik Ram Vill. P.O. Rajipur, Distt. Patna .... .... Petitioner/s

Versus

1. The State Of Bihar Through The Commissioner Cum Secretary, Department, Of Health, Govt. Of Bihar Vikash Bhawan, Bailey Road, Patna

2. The Director Of Health Services, Govt. Of Bihar, Patna

3. Department Of Home Tthrough Supritendent ( Jail) Bihar, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anupa Nand Jha For the Respondent/s : Mr. N.K.Singh Gp26 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-12-2016 Heard learned counsels for the petitioner and respondents.

The petitioner being the Clerk at Daudnagar Jail preferred the present writ application for issuance of appropriate writ/writs, order/orders, direction/directions commanding the respondents to reimburse the medical bill of the petitioner with regard to heart surgery.

Initially, a counter affidavit was filed on behalf of respondent no. 2, the Director of Health Services, Govt. of Bihar to the effect that the petitioner is an employee under control of Inspector General (Jail), Home Department Bihar, Patna and reimbursement of the medical bill is the responsibility of the concerned department and consequently Department of Home

Patna High Court CWJC No.6256 of 2011 (8) dt.07-12-2016 2/3 through Superintendent (jail) Bihar, Patna and the Secretary of Department of Home Bihar, Patna through I.G. Jail were impleaded as respondent nos. 3 and 4.

Today counter affidavit on behalf of respondent nos. 1 to 4 has been filed to the effect that the petitioner submitted the medical bill/document of Apollo Trauma Centre, Patna for orthopedic treatment of instead of submitting documents/medical bill regarding heart treatment of. Moreover, discharge summary has been submitted without getting it counter signed by the concerned doctor and history ticket of AIIMS. Necessary directions were given to the petitioner to submit required document as per the government norms but the same has not been submitted but as soon as the required document will be submitted after getting counter signed by the concerned doctor, the grievance of the petitioner will be redressed, statement to that effect has been made in para 10 and 11 of the counter affidavit which reads as follows:- "10. That it is submitted that the Department has directed the petitioner vide letter no. 6752 dated 04.11.2016 to submit the required documents as per the Government Norms so that his grievance may be redressed at the earliest."

"11. That it is submitted that if the petitioner submits all the required documents as early as he can, the Department will take proper action immediately so that all the grievances of the

Patna High Court CWJC No.6256 of 2011 (8) dt.07-12-2016 3/3 petitioner are redressed."

In view of the above stand of the respondents, learned counsel for the petitioner submits that the petitioner will submit the required documents within a period of four weeks. The counsel for respondents submits that medical bill of the petitioner will be reimbursed in accordance with law within a period of four weeks of submission of required documents by the petitioner. Accordingly, the writ application is disposed of. (Dinesh Kumar Singh, J) Amrendra/- U