Shobha Tryambaktrao Kamte v. The State Of Maharashtra Through Its Secretary And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.11174 OF 2022 SHOBHA TRYAMBAKRAO KAMTE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ....

Mr P. C. Mayure, Advocate for petitioner;

Mrs R. P. Gaur, A.G.P. for respondents/State CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ.

DATE : 17th November, 2022 PER COURT:

1.

The petitioner has put forth prayer clauses (B) and (C), which read as under :- "(B) By issuing appropriate writ, order or direction in the like nature the proposal filed by the Petitioner for medical reimbursement of Rs. 1,78,887/- may kindly be allowed; (C) Pending hearing and final disposal of this Writ Petition, the Respondent authorities may kindly direct to consider the proposal filed by the Petitioner for medical reimbursement of Rs.1,78,887/- & the respondent authorities may kindly direct to deposit the amount of Rs. 1,78,887/- in this Hon'ble Court in view of proposal filed by the Petitioner for the period 23/11/2011 to 24/11/2011."

(2) 2.

The learned Advocate for the petitioner submits that, earlier there were certain deficiencies in the papers forwarded to the Competent Authority for medical reimbursement. Respondent No.3 had addressed respondent No.4 to remove the deficiencies, vide communication dated 12/03/2020. Vide communication dated 09/06/2020, respondent No.4 had called upon respondent No.5/ College to assist in removing the deficiencies. 3.

It is obvious that the College has to remove the deficiencies and forward the proposal for medical reimbursement to respondent No.4. In turn, respondent No.4 would forward it to respondent No.3 for sanctioning.

4.

As such, this petition is disposed off. We are issuing an innocuous direction to respondent No.5 in the light of the communication by respondent No.4 to respondent No.5, dated 09/06/2020, to remove all the deficiencies in the medical reimbursement proposal of the petitioner, if not already removed, on or before 15/12/2022. Thereafter, the proposal would be forwarded to respondent No.4, who would initiate appropriate steps as is the procedure applicable. We direct the respondents to

(3) ensure that a decision on the proposal of the petitioner is arrived at, on or before 31/01/2023.

(SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE, J.) sjk