Punjab Ombudsman has held that a government servant shall be entitled to claim any benefit admissible to him, under Government Servants (Medical Attendance), Rules 1959, in respect of his wife, who is also a government servant, if she does not claim the benefit in her own right.
The Ombudsman gave this observation while deciding a case filed by Muhammad Nadir Khan, CMO, Services Hospital, Lahore, in which the complainant had stated that his wife, who has been serving as lecturer in Government Islamia College for Women, Lahore, was given treatment in Mayo Hospital, Lahore.
He directed the Board of Management, Services Hospital, Lahore to sanction reimbursement claim of Rs59,820/- submitted by the complainant in respect of treatment of his wife and make payment of the same to him accordingly.
He incurred expenditure of Rs59820/- on her treatment from his own pocket. His claim for the medical reimbursement of the said amount was declined by the Board of Management, Services Hospital, Lahore, observing that he should draw the said claim from the parent department of his wife.
The complainant pointed out that according to Government Servants (Medical Attendance) Rules, 1959 he has the right to draw reimbursement claim of his wife from his own office. Therefore, he requested Mohtasib to direct Medical Superintendent, Services Hospital, to pay his medical claim without any further delay.
In his decision, the Ombudsman said that in Government Servants (Medical Attendance) Rules 1959 word "family" has been defined in clause (c) of rule 2, which means wife/ husband, legitimate sons and daughters and stepchildren of a government servant are wholly dependent upon him.
Explanation-II has been added in clause (c), which states that where the wife of a government servant is also a government servant, whether serving under the central or the provincial government, the husband shall be entitled to claim any benefit admissible to him under these rules in respect of his wife if she does not claim the benefit in her own right as a government servant.
In this case the complainant's wife has not claimed the benefit of medical reimbursement in her own right as a government servant from her college. Thus, the decision of the Board of Management, SIMS/ Services Hospital, not approving reimbursement claim of Rs59,820/- of the complainant and rejection of his appeal by the principal, SIMS, Services Hospital is contrary to the Government Servants (Medical Attendance) Rules 1959 as referred to above falls within the ambit of 'maladministration' as defined in sub clause (a) of clause (i) of subsection (2) of section 2 of the Punjab Office of the Ombudsman Act, 1997.