1. RULE. Mr. D.R. Dave, learned advocate waives service of Rule for respondent Nos.1 to 3.
2. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:-
“A) admit this petition;
B) issue appropriate writ, order or direction and be pleased to direct the concerned respondent authorities to release the amount of Medical Reimbursement as per the order passed by this Hon'ble Court (Coram: Hon'ble Mr. Justice Jayant Patel) dated 18/1/2003 passed in Special Civil Application No.6491/2002;
C) issue appropriate writ, order or directions and be pleased to direct the respondent authorities to decide the representations made by the petitioner pursuant to the order passed by this Hon'ble High Court (Coram : Hon'ble Mr. Justice Jayant Patel) dated 18/1/2003 passed in Special Civil Application No.6491/2002;
D) grant interim relief and be pleased to direct the concerned respondent authorities to decide the representations made by the petitioner and to release the amount of Reimbursement of medical expenses incurred by the petitioner, pending the hearing and final disposal of this petition;
E) pass such orders as thought fit in the interest of justice.”
3. It transpires from the record that earlier this Court (Coram : Jayant Patel, J.) vide judgment and order dated 18.1.2003 passed in Special Civil Application No.6491 of 2002 had observed thus:-
“9. In view of the above discussion, the order dated 17-1-2001 Annexure "A" passed by the Deputy Secretary of the Board of rejecting the proposal of the petitioner for reimbursement of the medical bill is quashed and set aside. However, it is directed that the Board shall consider the proposal of the petitioner for reimbursement of the medical bill afresh, keeping in view the requirement of the circular dated 3-11-1993 and the observations made by this Court as referred to herein above and shall render the decision in accordance with law within a period of three months from the date of receipt of the order of this Court.”
4. As nothing has been done by the respondents after the directions issued by this Court, as aforesaid, the present petition is filed raising the grievance that even the directions of this Court are not carried out by the respondent authorities.
5. Mr. D.R. Dave, learned advocate for the respondents submitted that after the aforesaid judgment and order was passed in the earlier writ petition being Special Civil Application No.6491 of 2002 dated 18.1.2003, the new act has come into force and the Gujarat Electricity Board has been bifurcated into 7 Companies and hence, the original record of erstwhile Gujarat Electricity Board is not available/traceable. Mr. D.R. Dave, however, submitted that considering the fact that the petitioner has already filed a fresh representation, the respondents shall consider the same in accordance with law as earlier directed by this Court.
6. It is, however, made clear that this Court has not examined the matter on merits and the directions are issued only on the basis of the fact that earlier also, the same issue has been examined by this Court and the petition filed by the present petitioner was allowed with the directions, as aforesaid.
7. In view of the above, the respondents are directed to consider the pending representation filed by the petitioner within a period of two months from the date of receipt of copy of this order. It is hoped that as the matter pertains to medical reimbursement and earlier the directions were issued way back on 18.1.2003, the respondents shall take appropriate decision in accordance with law within the time stipulated in this judgment.
8. With these observations, the petition is allowed. Rule is made absolute only to the aforesaid extent with no order as to cost.
[R.M.CHHAYA, J.] mrpandya