Facts: Petitioner No. 2 sought reimbursement for medical expenses incurred by his deceased mother, a teacher in a school governed by the Nashik Municipal Corporation. The Education Officer rejected the reimbursement, citing that employees of schools governed by Municipal Corporations are not entitled to it. Petitioner No. 1, the husband of the deceased teacher, passed away during the pendency of the petition.
Procedural Posture: The petitioners filed a writ petition in the High Court of Judicature at Bombay under Article 226 of the Constitution of India, challenging the rejection of the medical reimbursement claim.
Issue: Are the teaching and non-teaching staff of 100% aided secondary schools run by Municipal Corporations entitled to medical reimbursement benefits under the Government Resolutions (GR) of 12th May, 1989 and 20th February, 2009, and can the State Government apply a prospective effect to the reimbursement claims based on a later order?
Holding: Yes, the teaching and non-teaching staff are entitled to medical reimbursement under the GR of 12th May, 1989. The State Government's decision to reimburse claims with prospective effect from 28.11.2019 is unsustainable in law. The Writ Petition is allowed, and the impugned order is quashed.
Reasoning: The Court relied on its earlier decision in Shri Suresh Mahadeorao Ahio & Ors. Vs. State of Maharashtra & Ors., which held that the GR of 12th May, 1989, applies to employees of schools managed by Municipal Corporations. The Court found that the Government Resolution dated 20th February, 2009, merely determines the competent authority for granting approval for medical reimbursement. Applying the GR prospectively defeats the intent and spirit of the 1989 GR. The court directed the Deputy Director of Education to issue directions for expeditious release of the reimbursement with 6% interest p.a.