Apu Chandra Dey S/o Late Anil Chandra Dey v. State of Tripura, Represented by the Chief Secretary
2016-09-19
S.C.DAS
body2016
DigiLaw.ai
JUDGMENT AND ORDER : 1. By filing this writ petition, the petitioner has prayed for directing the respondents to make payment of the rest amount of medical bill, which is lying due to be paid by the respondents, raised for the treatment of the petitioner which was done at SSKM Hospital, Kolkata while the petitioner was referred by the Medical Board of GBP Hospital for treatment of his heart ailment. 2. Heard learned counsel, Mr. P. Roy Barman for the petitioner and learned counsel, Mr. D.C. Nath for the respondents. 3. The petitioner while working as a Forester under the State respondents fell ill with severe chest pain and was admitted in GBP Hospital, Agartala, wherefrom the Medical Board referred him to SSKM Hospital, Kolkata and accordingly, the petitioner attended the SSKM Hospital, Kolkata and undergone treatment for his heart ailment from 03.11.2016 to 28.11.2016. He was suffering from acute myocardial infarction and necessary treatment was rendered by the SSKM Hospital, Kolkata. The petitioner submitted two medical bills through his wife on 17.03.2007. One bill was for an amount of Rs. 74,435.50 and the other bill was for an amount of Rs. 1,73,634.80 totaling Rs. 2,48,070.30. Copies of the medical bills submitted by the petitioner are enclosed with the writ petition. 4. The Forest Range Officer, Champaknagar Range, Teliamura Division received the bills of the petitioner from his wife Smt. Mira Dey and two receipts were issued dated 17.03.2007. It is the case of the petitioner that part bill was paid by the respondents and the rest has not been paid even after repeated reminders. According to the petitioner, Rs. 65,431/- has been paid but according to the respondents so far Annexure-R5 and R6 are concerned, Rs. 255,431/- and Rs. 35,000/- totaling to Rs. 60,431/- were paid to the petitioner out of the bill submitted by him. 5. Respondent No. 6, by writing letter dated 12.12.2012 asked the petitioner to submit the original money receipts for payment of the rest amount of the bill. The petitioner contended that all the original documents alongwith the bills were submitted to the Forest Range Officer, i.e. the immediate superior officer of the petitioner in the year 2007 itself, i.e. on 17.03.2007 and nothing is left with the petitioner to submit again. The petitioner issued notice but the payment was not made.
The petitioner contended that all the original documents alongwith the bills were submitted to the Forest Range Officer, i.e. the immediate superior officer of the petitioner in the year 2007 itself, i.e. on 17.03.2007 and nothing is left with the petitioner to submit again. The petitioner issued notice but the payment was not made. The respondents contended that the rest amount of the bill could not be paid since the petitioner did not submit the original money receipts. 6. There is no dispute that the petitioner was referred by the Medical Board from GBP Hospital, Agartala to SSKM Hospital, Kolkata and accordingly, the petitioner availed the treatment at SSKM Hospital, Kolkata. There is also no dispute that the petitioner is entitled to get the medical reimbursement of the amount spent for the treatment and to and fro. It is also not disputed that the petitioner submitted two bills seeking reimbursement. The only dispute that has been raised by the respondents is that the petitioner did not submit the original money receipts. 7. From exhibit-P4 and P5, I find that the petitioner submitted two bills and those were received by the Forest Range Officer, Champaknagar Range of Teliamura Division. While receiving the bill of Rs. 74,435.50, the Forest Range Officer issued receipt (Annexure-P4) stating:- “Received the enclosed from Smt. Mira Dey, W/o Sri Apu Ch. Dey, Forester.” While receiving the other bill of Rs. 1,73,634.80 the same Forest Range Officer issued a receipt (Annexure-P5) stating:- “Received as enclosed documents from Smt. Mira Dey, W/o Sri Apu Ch. Dey, Forester.” It is, therefore, clear from those two receipts that the bills were received with documents. There is no mention that the documents were not in original. There is also no mention that the documents were photocopies. 8. Annexure-R1 to the counter affidavit shows that those medical bills were forwarded by the Divisional Forest Officer, Teliamura Division to the Principal Chief Conservator of Forests by writing a letter, stating as follows:- “No. F.1-2/Acct/TD-93 Government of Tripura Office of the Divisional Forest Officer Teliamura Division, Teliamura Dated, Teliamura, the 9th April, 2007. To, The Principal Chief Conservator of Forests. Agartala, Tripura. Subject:- Claim of Medical reimbursement bill of Shri Apu Ch. Dey, Fr. Sir, I have the honour to forward herewith the claim of Medical reimbursement submitted by Shri Apu Ch. Dey, Fr. of this Division for treatment of himself.
To, The Principal Chief Conservator of Forests. Agartala, Tripura. Subject:- Claim of Medical reimbursement bill of Shri Apu Ch. Dey, Fr. Sir, I have the honour to forward herewith the claim of Medical reimbursement submitted by Shri Apu Ch. Dey, Fr. of this Division for treatment of himself. The necessary medical certificates submitted by him are also enclosed herewith. This is for favour of your kind information and doing the needful please. Yours faithfully, Enclo-141 Sheets. Sd/- Illegible Divisional Forest Officer, Teliamura Division, Teliamura” From the above letter, it is amply clear that the bills were with medical certificates and there were 141 sheets of papers with those medical bills which has been clearly mentioned in the letter of the Divisional Forest Officer while sending the bills to the Principal Chief Conservator of Forests for consideration. 9. It is an admitted position that Rs. 35,000/- was sanctioned on 20.07.2007 and again in May, 2013 another amount of Rs. 25,431/- was sanctioned. In the year 2012, i.e. after five years the respondents wrote letter dated 12.12.2012 (Anenxure-R2) to the petitioner asking him to submit the original money receipts. If the original money receipts were not submitted by the petitioner along with the bills, the respondents at the very inception would notice it when the Forest Range Officer forwarded the bills to the Divisional Forest Officer and the Divisional Forest Officer forwarded the same to the Principal Chief Conservator of Forests. This is quite surprising that after five years the respondents are asking the petitioner to submit the original money receipts and raising the point that the original money receipts were not submitted. The stand of the petitioner is that the original money receipts were submitted with the original bills itself and nothing is left with him. 10. The bundle of facts presented before the Court justifies the claim of the petitioner. After such a long time one cannot expect that he will be asked to submit the documents again to justify his bill. There is no dispute that the petitioner undergone treatment for heart ailment after a reference made by the Medical Board of the GBP Hospital and the referral hospital, i.e. SSKM Hospital, Kolkata treated the petitioner. Under such circumstances, I am of the considered opinion that the petitioner has a good case and the writ petition should be allowed. 11.
There is no dispute that the petitioner undergone treatment for heart ailment after a reference made by the Medical Board of the GBP Hospital and the referral hospital, i.e. SSKM Hospital, Kolkata treated the petitioner. Under such circumstances, I am of the considered opinion that the petitioner has a good case and the writ petition should be allowed. 11. After taking into consideration the M.R. bills submitted by the petitioner, I find that the petitioner claimed a total amount of Rs. 2,48,070.30 and out of it Rs. 60,431/- has already been paid. The respondents are directed to consider both the M.R. bills on the basis of the documents annexed with the bills and to make payment of the admissible bill amount within sixty days from today, after deducting the amount already paid, failing which the amount shall carry interest @ 9% per annum. 12. The writ petition is accordingly allowed and disposed of. No costs.