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Rajasthan High Court · body

1998 DIGILAW 1220 (RAJ)

Suresh Kumar Pillia v. State of Rajasthan

1998-11-18

B.J.SHETHNA

body1998
Honble SHETHNA, J.–Looking to the urgency of the matter, learned Additional Advocate General, Mr. Jasmatia, was requested to accept the notice for respondent No.1 the State of Rajasthan, the copy was served upon Mr. Jasmatia by the learned counsel for the petitioner. (2). The petitioner is serving as a Constable since 1992 with the RAC Battalion and playing for the Senior team of the State of Rajasthan. While playing the National Tournament of Santosh Trophy Football in April, 1998, against the State of Kerala, he received injury in his left knee joint. He was removed to the hospital. Medical Board constituted of three eminent Doctors of the State, submitted the report and advised the petitioner to get the treatment from a Specialist Dr. Anant Joshi for the treatment of his knee injury which may cost around Rs.50,000/- approximately. The petitioner went on making representations since May, 1998 for disbursing that amount, but the same have not been accepted so far. As a last resort, the petitioner was compelled to file this petition. (3). Considering the averments made in the petition and the documents anne- xed along with the petition, learned Additional Advocate General, Mr. Jasmatia, was not in a position to defend the inaction of the State Government. (4). On one hand, the State Government and the Centre are making declarations to encourage the sportsmen, but on other hand, a brilliant sportsman, like the present petitioner, has been denied the medical help immediately. In view of the report of the Medical Board (Annexure 5), this petition is allowed and the respondent No.1, State of Rajasthan, is directed to release at present Rs.50,000/- to the petitioner as early as possible, in any case by 15th December,1998. The petitioner shall maintain the account of the expenditure incurred by him. If the expenditure is less, then the petitioner shall refund the same to the State Government immedi- ately. However, if the expenditure is more, then, on producing the bills and accounts, the Government shall pay the remaining amount to the petitioner within one month from the date of production of the said account. With these directions, this petition is allowed.