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1996 DIGILAW 372 (ORI)

PRAFULLA KR. ROY v. STATE OF ORISSA

1996-12-13

DIPAK MISRA, SUSANTA CHATTERJI

body1996
JUDGMENT : 1. Heard Dr. M.R. Panda for the writ Petitioner in presence of Mr. N. Prusty, learned Addl. Government Advocate. 2. This writ petition tells a pitiable tale causing pathos in the mind who conducted the case and who have heard the case. Appreciating the financial constraint and the Cardiac trouble requiring treatment and operation the grievance of the Petitioner was considered by the then Minister of Health of the State of Orissa and by communication dated 4.6.1994 a representation was made before the then Hon'ble Chief Minister that the case of the Petitioner has been referred to the Appolo Hospital. Hyderabad. The angiogram report showed that two numbers of main arteris had been blocked, which needed immediate by-pass surgery. The expenditure towards by-pass surgery was about 1.5 Lakhs. The Petitioner had no source of earning to meet the expenses for by-pass surgery. The Health Minister hoped that if possible the Hon'ble Chief Minister would grant Rs. 1.5 lakhs out of the Chief Minister's Relief Fund for such operation. The note was placed before the Hon'ble Chief Minister and by his own handwriting he directed the Secretary to grant Rs. 1.5 lakhs for operation at Appolo Hospital of the Petitioner. A copy of the said communication is Annexure - 4 to the writ petition. 3. Considering the submission of both sides and regard being had to the peculiar facts and circumstances of the case we record that by the change of the Government the promise made by the outgoing Chief Minister does not need to be rejected instantly by the incoming Chief Minister. To a man on the street the Government remains. The change of political scenario is of no significance to an ordinary person of the State. If there is really a promise by one Government the other Government will acknowledge the same unless it is an abuse. This case as such is a genuine and bona fide. Scrutinising the entire matter in the proper perspective we are of the considered view that the Petitioner is entitled to the relief claimed by him and we accordingly direct the State Government to take all effective steps to release the fund of Rs. 1.5 lakhs within eight weeks from the date. 4. The writ application is accordingly disposed of. Final Result : Dismissed