Munia Devi v. Magadh University And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5920 of 2006 ====================================================== MUNIA DEVI, wife of Late Ramdhayan Prasad Yadav, resident of village - Ranisarai, P.S. Bakhiyarpur, Disrict Patna ... ... Petitioner/s

Versus

1. MAGADH UNIVERSITY, Bodh Gaya, through its Registrar

2. Vice Chancellor, Magadh University, Bodh Gaya

3. Registrar, Magadh University, Bodh Gaya

4. Finance Officer, Magadh University, Bodh Gaya

5. The Principal, Ram Lakhan Singh Yadav College, Bakhtiyarpur

6. The Director, Health Family Welfare Department, Government of Bihar, New Secretariate, Patna

7. The State of Bihar

8. The Commissioner -cum- Secretary, Finance Department, State of Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prafull Chandra Jha For the State :

Mr. Birju Prasad, GTP 10 Mr. Ravi Kumar, AC to GP 10 Ms. Shweta Anand, AC to GP 10 Mr. Ajit Anand, AC to GP 10 For Magadh University :

Mr. Sunit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-04-2023 Heard learned Counsel for the parties concerned. The husband of the petitioner, namely, Ramdhayan Prasad Yadav, was working as a Reader in the Department of Philosophy, in Ram Lakhan Singh Yadav College, Bakhtiyarpur, who died on 29.06.2005. The petitioner's husband had undergone treatment of his kidney ailment, at Batra Hospital, New Delhi, pursuant to the permission given by the Director, Health Services, Patna, bearing Memo No. 1450, dated 08.07.1997 (Annexure-3).

Patna High Court CWJC No.5920 of 2006(12) dt.06-04-2023 2/3 The only controversy involved in the present writ application is reimbursement of the expenses incurred over the treatment of the petitioner's husband at Batra Hospital, New Delhi.

Learned Counsel for the petitioner submits that the husband of the petitioner has given the details of expenses incurred over his treatment, which comes to Rs. 4,41,799.90/- (Annexure-4). He next submits that the stand of the University is that the State Government will verify/endorse the expenses incurred over the treatment of the husband of the petitioner since the amount exceeds the limit of Rs. 500/-, inasmuch as the endorsement of the Finance Department is required on the medical bills, if the amount exceeds Rs. 500/-. A resolution of the Education Department, dated 7/9 August, 1985, has been brought on record by way of Annexure-7 to the writ application to the effect that all the medical bills will be paid to the concerned employee by the University.

Referring to the counter affidavit filed on behalf of the University, learned Counsel for the University submits that the medical bills, for its reimbursement, has to be verified/ endorsed by the Finance Department and after endorsement of the same, the University will pay the required amount.

Patna High Court CWJC No.5920 of 2006(12) dt.06-04-2023 3/3 It appears from the materials available on record that the endorsement/verification of the medical bills has not been done by the Finance Department, despite the fact that the medical bills were submitted by the husband of the petitioner as early as possible on 05.04.1997 and the same was forwarded by the University to the Director-in-Chief.

In view of the aforesaid position, this wit application is disposed with a direction to the Finance Department to verify/endorse the medical bills submitted by the husband of the petitioner on 05.04.1997 (Annexure-4) within a period of three months from the date of receipt/production of a copy of this order.

It is made clear that after endorsement/verification of the medical bills by the Finance Department, the University shall pay the require amount as arrived at by the Finance Department within a period of two months from the date of receipt of the approval of the Finance Department. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √