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Judgment
P.S. Misra, C.J.—Heard.
The petitioner herein is a member of A.P.State Higher Judicial Service and is presently Grade II District and Sessions Judge, as per G.O.Rt.No.1363, General Administration (SC.F) Department, dated 25-3-1992, read with the proceedings of the High Court of Andhra Pradesh in ROC No.l955/92 B. Spl, Notification No.74, B. Spl., dated 1-4-1992. While he was working as Second Additional District and Sessions Judge, Karimnagar, in the first week of April, 1993, he suffered severe chest pain, for which he was examined by the doctors in the Government Headquarters Hospital, Karininagar. On the advice of the doctors of the Government Headquarters Hospital, Karininagar, he was treated at the Nizam''s Institute of Medical Sciences, Hyderabad, and on the finding that by-pass surgery was urgently needed, he was treated by the doctors by immediate Coronary Angiogram and Coronary by-pass Surgery. The petitioner was given a medical advance of Rs.50,000/-as per the proceedings of the High Court in ROC.No.2055/93.B.Spl., dated 29-4-1993. However, in the process of Coronary Angiogram and Coronary by-pass Surgery, he incurred an expenditure of a total sum of Rs.67,353/-. Since the advance paid to him was Rs.50,000/- towards medical allowance and the total demand was for Rs.67,353/- for the above two operations and some additional sums were also spent by him under different bills of the Nizam''s Institute of Medical Sciences, he paid to the hospital charges exceeding by Rs.17,353/- over and above Rs.50,000/-. The petitioner moved the Registrar of the High Court and the Court in its turn, forwarded the entire bills to the Chief Secretary to Government of A.P., General Administration (SC.F) Department, Hyderabad. The Government, however, has finally stated that the petitioner was not entitled for reimbursement of the amount exceeding Rs.50,000/-, as per G.O.Ms.No. 184, Health, Medical & Family Welfare (Kl) Department, dated 2-4-1992.
We are not required, in the instant case, to go through the exercise of deciding whether the above mentioned GO., fixing ceiling upon the medical charges reimbursement, is applicable to the Judicial Officers or not, as we shall presently see that the ceiling under the said G.O. has to be applied only when any Government servant, qualifying for the medical allowance, is treated outside of the hospitals/clinics, which are not accepted or recognised for the free medical attendance to the employees of the State and their dependants.
The Andhra Pradesh Integrated Medical Attendance Rules, 1972, contain various prescriptions, which are referable to the rules made in this behalf from lime to time or the executive instructions in view of the statute, and one such rule is Rule-8, which states-
"8(1) A Government servant shall be entitled free of charges-
(i) to treatment-
(a) in such Government hospital at or near the place where he falls ill as can in the opinion of the authorised medical attendant., provide the necessary and suitable treatment, or
(b) if there be no such hospital as is referred to in sub-clause (a), in such hospital, other than a Government hospital, at or near that place as can, in the opinion of the authorised medical attendant, provide the necessary and suitable treatment,
(ii) to anti-rabic treatment at the nearest Government hospital providing such treatment.
(2) where a Government servant is entitled under Sub-rule (1) free of charge, no treatment in any hospital and amount paid by him on account of such treatment shall on production of a certificate in writing by authorised medical attendant in this behalf be reimbursed to him by the Government"
The above is followed by Rule-9, which reads as follows:
"9(1) If the authorised medical attendant is of the opinion that owing to the absence or remoteness of a suitable hospital or to the severity of the illness, a Government servant cannot be given treatment as provided in Clause (1) of Rule 6, the Government servant may receive at his residence.
(2) A Government servant receiving treatment at his residence under sub-rule (1), shall be entitled to receive towards the cost of such treatment as he would have entitled, free of charge, to receive under these rules; if he had not been treated at his residence.
(3) Claims for sums admissible under Sub-rule (2), shall be accompanied by a Certificate in writing by the authorised medical attendant stating (a) his reasons for the opinion referred to in sub-rule (l),(b) the cost of similar treatment referred to in sub-rule (2).''''
Rule 10 contemplates treatment outside the State but within India and in respect of treatment for Kidney transplantation and Coronary by-pass Surgery by private hospitals within the state, a Sub-rule is introduced as per G.O.Ms.No.317/M&H(Kl),Dt 7-5-1986, which is as follows:
"10(A) Treatment for Kidney transplantation and Coronary by-pass Surgery by private hospitals within the State: -The Government servant and other entitled personnel for treatment under the Rules shall be permitted by the Director of Medical Education to undergo Kidney transplantation operation in the Mahaveer Hospital, Hyderabad and Coronary by-pass surgery in the Durgabai Deshmukh Hospital, Andhra Manila Sabha, Hyderabad on the letter of advice given by the Authorised Medica Attendant in the Osmania Genera Hospital, Hyderabad or the Nizam'' Institute of Orthopedics and Specialities Hyderabad, respectively where the above operations are done.
(2) The Authorised Medical Attendant in the Government hospitals mentioned in sub-rule (1) will issue letter of advice only if the said hospital cannot cope with the work load and the treatment of the patients cannot wait till the operations could be performed in the said Government hospitals; and
(3) Those who obtain prior permission of the Director of Medical Education and get admitted to the private hospitals mentioned in sub-rule (1) for Kidney transplantation and Coronary by-pass surgery will be eligible for reimbursement of all admissible expenditure including charges for accommodation and also for an advance as per the estimates given by the concerned hospital undertaking the operation"
A Government Order, which is in the nature of a circular memo, .bearing No. 1607/SCX/93-7,dt6-6-1994, inter alia states that several instances have come to the notice of the Government that members of All India Services are availing the services of other than authorised medical attendants and taking treatment in private hospitals without being referred to such hospitals by the authorised medical attendants and are submitting the bills for reimbursement. Further, instances have also come to the notice of the Government that members of the service are submitting bills for reimbursement of medical expenses incurred by them after lapse of the time limit prescribed, After referring to the various rules of All India Services (Medical Attendance) Rules, 1954, it has proceeded to state as follows:
"4. Instances have also come to the notice of the Government that the Members of the Service and their family members are rushing to Nizam''s Institute of Medical Sciences for treatment without referral letters from Authorised Medical Attendants and credit letters issued by the Government and are submitting bills for reimbursement in relaxation of rules. In this context, the Members of Service are informed that they and their family members are not eligible for reimbursement of the medical expenses excepting for the ailments covered by G.O,Ms.No.445 HM&FW Dept, dt.19-7-1991 if the Members of Service and their family members get treatment at Nizam''s Institute of Medical Sciences. The sanction of expenditure for the treatment taken at Nizam''s Institute of Medical Sciences is however limited to Rs.50,000/-.
The Members of the Service are therefore, informed that any claim which is not covered under the above rules/ instructions., shall not be considered in future.
The Members of Service are therefore advised to follow the above rules and instructions scrupulously.''''
Earlier to that, in G.O.Ms.No. 184, HM&FW Department, dt.2-4-1992, it is stated as follows:
"3. Having carefully considered the matter, the Government have decided that the maximum limit of Rs.40,000/-reimbursable to Government employees at present towards reimbursement of medical expenditure shall be raised to Rs. 50,000/-only (Rupees fifty thousand only) with immediate effect subject, however, to the conditions existing now. Any expenditure in excess of the ceiling limit of Rs.50,000/-now fixed, shall, however, be borne by the Government employees only."
It is, however, most regrettable that in the case of the petitioner, who is a Member of the A.P.State Higher Judicial Service, G.O.Ms.No.184, HM&FW Dept, dt2-4-1992, is invoked, when the rule in this behalf is that Officers of State Higher Judicial Service are treated on par with the members of the Indian Administrative and Police Service, and Rule-15 of the above Rules applies for the purpose of medical attendance to them on par with the medical attendance of the Speaker, Deputy Speaker, Ministers of the State etc. Rule 15 provides for the treatment and medical attendance for Speaker, Ministers and certain other persons and the members of their family, free of charge, in the hospitals maintained by the State Government on the same terms and conditions as are applicable to the Officers of the Indian Administrative Service under All India Services (Medical Attendance) Rules, 1954. Rule 18 states-
"18. Medical Attendance for Officers of the All India Services, Andhra Pradesh State, Higher Judicial Officers :-Rule 15 will apply for purposes of "Medical Attendance'''' to officers of the Indian Administrative and Police Services and their families.
Note .''--The Officers of the Andhra Pradesh State Higher Judicial Service will be treated on par with the members of the Indian Administrative and Police Service.''''
It is thus clear from the above, that as a Member of the State Higher Judicial Service the petitioner is entitled to free medical attendance and such free medical attendance can be made available to him in the Nizam''s Institute of Medical Sciences. Since the treatment in Nizam''s Institute of Medical Sciences is free, the State Government has to make full reimbursement of the medical attendance charges, demanded by the NIMS from the petitioner. The ceiling, as above, which is applied in the case of the Members of the All India Services, is referable only to the treatment outside of such hospital which is recognised by the State Government for free medical attendance.
In view of the above, the petition has to succeed. It is accordingly allowed. The respondents are directed to forthwith reimburse the claim of the petitioner. It is obvious that if money claimed by the petitioner has already been paid, no further payment shall be made.
There shall be no order as to costs.