Case Note & Summary
The petitioner, Yadav Ganpat Bhamare, was a Headmaster in a grant-in-aid Ashram school run by the State of Maharashtra. He underwent angiography on 23/12/1997 and by-pass surgery on 31/12/1997 at Ruby Hall Clinic, Pune, incurring medical expenses of Rs.1,53,000/-. He sought reimbursement from the respondents, but the State denied the claim, arguing that the school was not a government institution and the petitioner was not a government servant. The petitioner filed a writ petition under Article 226 of the Constitution of India seeking a direction for reimbursement. The Court examined the facts and noted that the school was receiving grant from the State and the petitioner was appointed as Assistant Teacher and later as Headmaster in such schools. The Court held that teachers in grant-in-aid Ashram schools are entitled to medical reimbursement under the Medical Attendance Rules as they are treated as government servants for such purposes. The Court directed the respondents to sanction and reimburse the medical bills within four weeks from the date of the judgment. The petition was allowed.
Headnote
A) Service Law - Medical Reimbursement - Government Servant - Ashram School Teacher - The petitioner, a Headmaster of a grant-in-aid Ashram school, sought reimbursement of Rs.1,53,000/- for angiography and by-pass surgery performed at Ruby Hall Clinic, Pune. The State denied the claim on the ground that the school was not a government institution and the petitioner was not a government servant. The Court held that teachers in grant-in-aid Ashram schools are entitled to medical reimbursement under the Medical Attendance Rules as they are treated as government servants for such purposes. The Court directed the respondents to sanction and reimburse the medical bills within four weeks. (Paras 1-5)
Issue of Consideration
Whether the petitioner, a Headmaster of a grant-in-aid Ashram school, is entitled to reimbursement of medical expenses incurred for angiography and by-pass surgery under the Medical Attendance Rules applicable to government servants.
Final Decision
The petition is allowed. The respondents are directed to sanction and reimburse the medical bills of the petitioner to the tune of Rs.1,53,000/- within four weeks from the date of the judgment.
Law Points
- Medical reimbursement
- Government servant
- Ashram school
- Grant-in-aid
- Article 226
- Medical Attendance Rules
