ORDER
R.K. Merathia, J.
1. Heard the parties finally. In this writ petition, petitioner prayed for a direction upon the respondents to reimburse the medical expenses incurred in the treatment of her deceased husband.
2. On 15.2.2007, the following order was passed in this case:
Mr. Manoj Tandon, appearing for the Bihar State Electricity Board (for short 'B.S.E.B.') submits that as per the agreement dated 27.12.2003, both the successor Electricity Boards are required to pay the retiral benefits to the employees who have retired from their present territorial jurisdiction of the successor State Electricity Board irrespective of their date of retirement. It is further submitted that as per the said agreement. Jharkhand State Electricity Board (for short 'J.S.E.B.') is liable to pay the medical reimbursement bill of the petitioner's husband who died on 12.9.1998 while working within the territory, now falling within J.S.E.B. He further submits that accordingly pension and all retiral benefits are being paid by the J.S.E.B.
Mr. Rajendra Krishna, counsel for the J.S.E.B. submits that the said agreement is with regard to the retiral benefits and not for medical reimbursement.
Counsel for the J.S.E.B. appears to be correct. Admittedly petitioner died on 12.9.1998 when the J.S.E.B. was not in existence. This matter of payment of medical reimbursement is pending from before the J.S.E.B. came into existence.
After I passed this order, Mr. Tan-don, appearing for the B.S.E.B. submits that B.S.E.B. can give a cheque of Rs. 2,30,139.92 Paise in the name of petitioner so far as the medical reimbursement bills of outside the State i.e. Apollo Hospital at Chennai is concerned but with liberty to the B.S.E.B. to adjust the same from the J.S.E.B. at the time of final apportionment of the assets and liabilities, as per the agreement between them and or as per the orders of any competent Court. Counsel for the J.S.E.B. has no objection to such prayer.
Accordingly Cheque No. 563514 dated 16th January, 2007 of Canara Bank, Patna, drawn in favour of petitioner Smt. Shanti Devi w/o Late Upendra Prasad Singh of a sum of Rs. 2,30,139.92 Paise is handed over to her, who is present in Court and identified by her counsel Mr. Akchhaya Kumar Mahato. Let a photo copy of the cheque be kept on record on proper receipt.
So far as the medical bills of Sewa Sadan, Ranchi is concerned, as prayed by Mr. Rajendra Krishna, counsel for the J.S.E.B., put up this case after one week to enable him to produce the rules in this regard.
3. Mr. Sidharth Ranjan, appearing for the Jharkhand State Electricity Board produced Notification No. 1535 dated 20.3.2002 adopting the Medical Attendance Rules, 2001 of the Bihar State Electricity Board (for short 'the B.S.E.B.'). He referred to Clause 10(g) which reads as follow:
C.E./G.M.-cum-C.E. Supply Area/Project/Transmission Zone may dispose of medical claims of the employee working under them upto the maximum ceiling of Rs. 2,000/- (two thousand) per annum during one financial year, the medical claims above Rs. 2,000/- (two thousand) in respect of officers/workmen will be forwarded to the Board.
He further submitted that as the bills of Sewa Sadan, Ranchi was for Rs. 32,810.71P, the said amount was not be paid by the local officers and only the Board could make such payment. He further submitted that the B.S.E.B. may be directed to pay the said amount in terms of the order dated 15.2.2007.
4. Mr. Manoj Tandon, appearing for the B.S.E.B. submitted that the said amount should be paid by the J.S.E.B.
After considering such submission of Mr. Tandon on 15.2.2007, B.S.E.B. was directed to pay part of the medical bill with liberty to adjust the same from J.S.E.B. at the time of final apportionment of the assets and liabilities, as per the agreement between them and/or as per the orders of any competent Court.
5. It appears that against a claim of Rs. 34,559.73P on account of medical expenses at Nagar Mal Modi Sewa Sadan, Ranchi an amount of Rs. 32,810.71P was found payable, but by letter dated 16.8.2001 (Annexure 2), the Accounts Officer, Electric Supply Circle, Hazaribagh was asked by the B.S.E.B. to do the needful saying that such payments were to be made locally. It appears from Clause 10(g) of Rule 2001 that the amount above Rs. 2,000/- was to be paid by the Board.
6. In view of the order dated 15.2.2007, B.S.E.B. is directed to pay the said amount of Rs. 32,810.71 to the petitioner within six weeks from the date of receipt/production of a copy of this order. B.S.E.B. will be at liberty to adjust this amount at the time of final apportionment of the assets and liabilities as per the law.
7. With these observations and directions, this writ petition is disposed of. However, no costs.