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2003 DIGILAW 8 (PAT)

Ajit Kumar v. State Of Bihar

2003-01-06

AFTAB ALAM

body2003
Judgment 1. The facts of this case are of a grave nature. The petitioner is an employee of the Bihar State Road Transport Corporation and he is in urgent need of medical treatment. But the position in the Corporation is such that there is no one there even to carry out any directions that might be given by this court. 2. Administrator shortly after joining the Corporation went on leave in connection with the medical treatment of his wife. It is reported that he is away from the office from 14.3.2002. His wife is apparently undergoing treatment at the Tata Memorial Hospital, Mumbai and the Administrator is not in a position to resume his duties in the Corporation. He has sent application for extension of his leave to the Secretary, Department of Personnel & Administrative Reforms, Government of Bihar. 3. It is no secret that the Corporation is almost in a state of bankruptcy and payment of salary etc. to its employees is being made in terms of the order of the Supreme Court. It was reported to this court that due to the attitude of the State Government even the directions of the Supreme Court are not being implemented completely and faithfully. Further the absence of the Administrator for the past one month seems to have brought the Corporation to a stand still. No one, apart from the Administrator, has any financial powers and in his absence it is not possible for anyone in the Corporation to make any payment to anyone. This fact is fully within the knowledge of the State Government and yet it was not deemed necessary to make any alternate arrangement with the result that not only the petitioner is left to suffer in the extreme but a situation has been created where even this court cannot make any proper adjudication on the claims of citizens brought before it and give appropriate direction on their claims. 4. In these circumstances on 11.4.2002 when this case was last taken up, the State counsel (J.C. to S.C. VI) was asked to have a conference with the Transport Commissioner and to inform the court what steps the Government proposed to take in this regard. 5. 4. In these circumstances on 11.4.2002 when this case was last taken up, the State counsel (J.C. to S.C. VI) was asked to have a conference with the Transport Commissioner and to inform the court what steps the Government proposed to take in this regard. 5. The J.C. to S.C. Vl informs the court that he had a meeting with the Transport Commissioner and the Secretary, Department of Personnel & Administrative Reforms and he was asked to pray for a weeks time in this case. The J.C. to S.C. VI further states that according to instructions given to him the Chief of Administration is the Incharge in the absence of the Administrator. 6. Mr. Rajjv Verma, counsel for the Corporation states that the Chief of Administration does not have any financial power. It is, therefore, a half-truth and a misleading statement that the Chief of Administration is Incharge of the Corporation in the absence of the Administrator. 7. This court is not satisfied with the response from the State Government and it is the considered view of this court that the Corporation and its employees cannot be left completely unattended in the absence of the Administrator and it is incumbent upon the State Government to make an alternative arrangement even on an Incharge basis without any delay. A situation where there is no one even to carry out the courts directions is totally unacceptable to this court even for a moment. The State Government must, therefore, make suitable alternative arrangement in the Corporation so that appropriate directions given by courts from time to time may not go abegging for want of any authority to carry them out. 8. Let this case be listed at the same position on the list on April 19, 2002. 9. On that date both the Transport Commissioner and the Secretary, Department of Personnel & Administrative Reforms, Government of Bihar will remain present in court in case no proper alternative arrangement is made in the Corporation in the mean while. 10. Let a copy of this order be handed over to J.C. to S.C. VI. Order dated 15.5.2002 11. Mr. SC 6 informs that yesterday Shri A.K. Upadhayay, IAS joined the Corporation as its Administrator. Alongwith Mr. SC 6 Mr. N.K. Sinha, Secretary cum Commissioner Transport is present. 12. Regrettably Mr. Rajiv Verma, counsel for the Corporation is not present and in his place Mr. Order dated 15.5.2002 11. Mr. SC 6 informs that yesterday Shri A.K. Upadhayay, IAS joined the Corporation as its Administrator. Alongwith Mr. SC 6 Mr. N.K. Sinha, Secretary cum Commissioner Transport is present. 12. Regrettably Mr. Rajiv Verma, counsel for the Corporation is not present and in his place Mr. Mani Kant Mishra one of the panel lawyers for the Corporation appears: 13. Mr. SC 6 sought permission for Mr. N.K. Sinha to address the court. On permission being granted Mr. Sinha stated that he was himself posted as the Administrator of the Corporation for some time and he had witnessed, at first hand, the hardships and suffering faced by the employees of the Corporation. It was no secret that the Corporation had almost broken down and was in a state of extreme financial crisis for a long time. The Corporations inability to pay to its employees their salary and other lawful dues often gave rise to very difficult circumstances for its individual employees and sometimes even led to tragedies. Mr. Sinha submitted that the revival package for the Corporation ordered by the Supreme Court had gone a long way in shoring up its financial condition and providing succour to a large number of employees. But the revival package ordered by the Supreme Court was based on general principles and covered broad categories. There were a number of cases not covered by the package though the suffering of the concerned employee might be very hard and genuine. Mr. Sinha pointed out that the case in hand was illustrative of his point where an employee (or his wife or child) suffered from a life threatening disease and was in urgent need of medical treatment. Mr. Sinha submitted that any extra payment from the lawful dues of the concerned employee was not covered by the revival package; the Corporation had no other resources and, therefore, in such cases it became impossible for the Corporation to make any payment to the concerned employee even in cases of utmost need. 14. He submitted that he was personally aware of the case of this petitioner and he agreed that he needed immediate medical help but in the present situation the Corporation was not in a position to give him his lawful dues. 15. Mr. 14. He submitted that he was personally aware of the case of this petitioner and he agreed that he needed immediate medical help but in the present situation the Corporation was not in a position to give him his lawful dues. 15. Mr. Sinha submitted that having regard to the problem it was possible to devise a scheme for the medical insurance of the employees of the Corporation. He further submitted that medical insurance would help those employees who though in urgent need of medical treatment were unable to get anything extra from the Corporation as there was no such provision in the revival package. He also clarified that the scheme will not be in conflict with the orders passed by the Supreme Court in any manner. He also stated that he had discussed the scheme with some Insurance Companies who were agreeable to take it up. 16. Any such scheme can be considered for implementation only in case a request comes from the Corporation. The Corporation was without the Administrator for the past few months and a new Administrator has joined only yesterday. 17. The court deeply appreciates the sincerity shown by Mr. Sinha in this matter and wishes him to pursue his scheme of medical insurance for the employees of the Corporation in consultation with the new Administrator. 18. Mr. Sinha is requested to have a conference with Shri A.K. Upadhya on this scheme and to work out its details in consultation with him.The Corporation should then file a petition when this court will examine whether such a scheme can be implemented as a supplement to the vival package ordered by the Supreme Court. 19. Put up at the top in the same list on May 22, 2002. Order dated 23.5.2002 20. This case, by the facts of which this court felt appalled, now shows promises of delivering something positive and good not only for the petitioner but for the entire body of employees of the Bihar State Road Transport Corporation. 21. The petitioner is an employee of the Corporation and holds the post of Junior Store Keeper. Being unwell, he proceeded on medical leave on 18.5.1999. At that time the employees of the Corporation had not been paid their monthly salary, on a regular basis, for several years and the petitioner too had gone without any salary. 21. The petitioner is an employee of the Corporation and holds the post of Junior Store Keeper. Being unwell, he proceeded on medical leave on 18.5.1999. At that time the employees of the Corporation had not been paid their monthly salary, on a regular basis, for several years and the petitioner too had gone without any salary. After taking medical leave, he got himself examined at different Government hospitals and by some private doctors in town. It then come to light that he suffered from serious cardio-vascular problems. He was referred for treatment to the All India Institute of Medical Sciences at Delhi. With the medical diagnosis and advice he approached the authorities in the Corporation and on 6.8.99 the Chief Administrator referred him to the Director, Health Services, Government of Bihar. The Director, Health got the petitioner examined by a medical board on 6.9.99 and the Board too approved his case for treatment at A.I.l.M.S., Delhi. The petitioner then went to Delhi and got himself admitted at the A.I.l.M.S.There he was advised cardio vascular surgery and on 15.11.99 he was aksed to deposit a sum of Rs. 70,000/- as the necessary expenses for the surgery. The petitioner did not have the money. He, therefore, had to come back without any treatment. He then made a representation before the competent authority in the Corporation requesting for payment of his arrear salary or a loan from his C.P.F. account or from any other account so that he may be abie to meet the expenses of his surgery. The Corporation did not have any money to pay him under any head and the case of the petitioner was also not covered by the revival package ordered by the Supreme Court. As a result, he has not been paid any money either from the arrears of his salary or from his C.P.F. account or from any other account. From December, 1999 till date he has been running from pillar to post in order to raise sufficient money for his treatment but there does not appear to be anyone to listen to his entreaties. He also requested that from his lawful dues, payments may be made directly to the hospital, instead of the money being handed over to him but this request also failed to evoke any response from the Corporation. He also requested that from his lawful dues, payments may be made directly to the hospital, instead of the money being handed over to him but this request also failed to evoke any response from the Corporation. It has also come on the record that pursuing his representation, on one or two occasion, the petitioner even collapsed in the office of the Corporation and had to be rushed from there to a hospital where he was revived. 22. His life, thus, hangs from a slender thread and so far he has not been able to get the money, which is his lawful due, from the Corporation for his treatment. 23. That is not the end of the story : under the revival package ordered by the Supreme Court, the employees of the Corporation are being paid half of their monthly salary. The petitioner being on medical leave is not even getting that. He, therefore, made an application on 5.1.2001 to be allowed to join his duties so that he may be able to get atleast half of his monthly salary like the other employees of the Corporation. But the authorities in the Corporation rejected his request because he was unable to produce the fitness certificate. This was on the basis of some rule which requires that an employee going on medical leave must produce a fitness certificate before he may be allowed to resume duties. 24. Thus on the one hand the Corporation would not pay him his lawful dues so that he may get himself treated and save his life and on the other hand would not even allow him to rejoin his duties so that he may get at least half of the monthly salary like the other employees. In this way the petitioner found himself in a position where he was left out to die; if he is not killed by his heart disease then he is sure to die as the result of starvation. 25. These are the brief facts of the case. But apart from the distressing facts of the case what troubled the court even more was that there was no one in the Corporation to pay any attention to the petitioner or to whom this court could address its orders or directions. 25. These are the brief facts of the case. But apart from the distressing facts of the case what troubled the court even more was that there was no one in the Corporation to pay any attention to the petitioner or to whom this court could address its orders or directions. Though the Corporation was superseded, there was no one there in the office of Administrator for quite some time and whatever staff were left there, had no financial powers. The court found that by sheer default on the part of the State Government, a situation was created where the Corporation appeared to be beyond the jurisdiction of this court. The Corporation was put where any directions given to it by this court could not be carried out for the ridiculous reason that there was no one there to take those directions. On this aspect of the matter, the court expressed itself in the order, dated 15.4.2002. 26. In these circumstances, what became the first priority was to have an Administrator duly posted in the Corporation. 27. At this stage, Mr. Alamdar Husain, S.C. VI took up this matter with the State Government and on 15.5.2002 he reported to this court that Shri A.K. Upadhyaya, l.A.S. on being posted as Administrator had joined the Corporation on 14.5.2002. This court wishes to record its appreciation for the efforts made by Mr. S.C. VI in this matter. 28. On the same day (15.5.2002) Mr. N.K. Sinha, Commissioner-cum-Secretary, Department of Transport, Government of Bihar also appeared personally and after seeking permission made certain submissions before the court. Mr. Sinha stated that in the past he too had held for some time the office of the Administrator of the Corporation and he had witnessed, at first hand, the hardships and suffering faced by its employees. He submitted that he was personally familiar with the case of the petitioner and he agreed that the petitioner was in need of urgent medical treatment. He, however, submitted that the petitioner was not alone in his plight and there were a number of other employees who (or whose family members) suffered similarly as the petitioner. 29. The details of the statements and submissions made by Mr. Sinha are recorded in the order dated 15.5.2002. Suffice to note here that Mr. He, however, submitted that the petitioner was not alone in his plight and there were a number of other employees who (or whose family members) suffered similarly as the petitioner. 29. The details of the statements and submissions made by Mr. Sinha are recorded in the order dated 15.5.2002. Suffice to note here that Mr. Sinha submitted at the medical problems of kind faced by the petitioner and a number of other emoyees could be solved and the suffering the employees of the Corporation could be greatly alleviated by giving them a medial insurance cover as supplement to the revival package ordered by the Supreme Court. This court then directed that an affidavit be filed on behalf of the Corporation after Mr. Sinha had a discussion with the Administrator on this matter. 30. In pursuance of the direction given by this court on 15.5.2002, Mr. Rajeev Verma yesterday filed an affidavit on behalf of the Corporation. From this affidavit, it appears that Mr. Sinha and Mr. Upadhayaya are jointly working to frame some schemes lor providing medical benefits to the employees of the Corporation. 31. Yesterday after hearing counsel for the petitioner, Mr. Rajeev Verma, counsel for the Corporation, Mr. Alamdar Husain, S.C. Vl respresenting the State and Mr. N.K. Sinha, Commissioner-cum-Secretary, Department of Transport, this case was directed to be listed today for orders and l now proceed to pass further orders in this matter. 32. As indicated above, there are now two issues before this court. One, the limited issue relating to the petitioner and the other the larger issue of trying to provide medical benefits to the employees of the Corporation under some scheme which may serve as a supplement to the revival package ordered by the Supreme Court. 33. Taking up the case of the petitioner first, it is stated in the counter affidavit filed by the Corporation yesterday that as a very exceptional case the Corporation had decided to pay the petitioner an amount of Rs. 20,000/- as advance from C.P.F. 34. As regards the petitioners request for being allowed to rejoin his duties, though nothing is stated in the affidavit, Mr. Rajeev Verma orally stated that the Administrator may not have any serious objection to that and it may be possible to allow the petitioner to resume his duties. 35. 20,000/- as advance from C.P.F. 34. As regards the petitioners request for being allowed to rejoin his duties, though nothing is stated in the affidavit, Mr. Rajeev Verma orally stated that the Administrator may not have any serious objection to that and it may be possible to allow the petitioner to resume his duties. 35. In the facts and circumstances of this case the court directs the Corporation to allow the petitioner to rejoin his duties immediately and without insisting for a fitness certificate. Even if there be a rule for production of fitness certificate in case of someone going on medical leave, in the special facts and circumstances of this case such a rule has to be waived and the petitioner must be allowed to rejoin his duties forth-with. On rejoining the duties the petitioner will get his salary and other allowances like the rest of the employees of the Corporation. Having regard to his medical condition, the concerned authorities will give him some very light work. 36. This is only one aspect of the matter and the main issue of his treatment remains unresolved. In this regard the court would like to have a medical report on the present condition of the petitioner. The Director, Indira Gandhi Institute of Cardiology is therefore, requested to make an evaluation of the present cardio-vascular status of the petitioner. The petitioner will present himself before the Director, Indira Gandhi Institute of Cardiology, along with a copy of this order, on any working day within two weeks from today.The Director is requested to have all the previous documents and prescriptions of the petitioner duly examined and to have him examined both clinically and on the basis of all the necessary tests, that may be possible in the Institute. The Director will submit a report regarding the present condition of the petitioner to this court. The report will specially deal with the following issues : (i) The present cardio-vascular status of the petitioner and whether his heart-disease is life threatening? (ii) Whether he requires surgical or non-surgical treatment; in case of requiring surgical treatment, what is the urgency of the situation? (iii) Whether the surgery is possible at any government/private hospital in Patna? What will be the approximate expenses of the surgical treatment at Patna? (ii) Whether he requires surgical or non-surgical treatment; in case of requiring surgical treatment, what is the urgency of the situation? (iii) Whether the surgery is possible at any government/private hospital in Patna? What will be the approximate expenses of the surgical treatment at Patna? (iv) In case the surgery is not possible in Patna what will be the approximate expenses of the treatment at AllMS, Delhi or at any other suitable place? The report of the Director should be received in this court by 17.6.2002. Needless to say that the petitioner will not be charged any fees for the medical examination and tests at the Institute. 37 Coming now to the larger issues of trying to provide a health care scheme for the employees of the Corporation, the court would like to put on record its deep appreciation for the concern, sincerity and initiative shown by Mr. Sinha. In fact, the court was pursuaded to take up this matter only on the basis of the submissions made by Mr. Sinha. The court expects the same positive attitude and cooperation in equal measures from the Administrator of the Corporation. 38. In the affidavit filed on behalf of the Corporation two schemes appear to be under consideration; one is a scheme of medical insurance for the employees and the other scheme envisages the Corporation itself setting up a health care fund for its employees. Fortunately, adequate funds are available for either of the two schemes. 39. In the insurance scheme there appear to be primarily two important draw backs. The local officials of the insurance companies in their discussion with Mr. Sinha and Mr. Upadhyaya stated that any insurance cover will not include cases of preexisting diseases and ailments. In other words, an insurance of this kind would on the very threshold exclude a case like that of the present petitioner and many others like him. The other big draw back is that a scheme of insurance will work only on the basis of re-imbursement of medical expenses, that is to say, the concerned employees will first have to bear the expenses of his treatment in the hope of getting it reimbursed, in all likelihood, subject to considerable delay and many objections raised by the insurance officials. These two draw backs will defeat the very object before this court. 40. These two draw backs will defeat the very object before this court. 40. The other scheme regarding the Corporation itself setting up a corpus for the health care of its employees would require an administrative and managerial machinery to properly manage and administer the large fund. 41. It appears from the counter affidavit, and Mr. Sinha also stated before the court that the possibilities for a health care scheme for the employees require further investigation and he along with Mr. Upadhyaya would like to consider the prosand cons of the two schemes in greater detail. This court would strongly desire Mr. Sinha to pursue this matter further in consolation with Mr. Upadhyaya, the Administrator, Bihar State Road Transport Corporation. And for the purpose of framing a health care scheme for the employees of the Corporation, the court hereby appoints Mr. Sinha as its Commissioner and authorises him to take all necessary steps in that regard. Mr. Sinha may discuss the scheme of insurance with different Insurance companies at the highest level and may request them, on behalf of this court, to extend all possible help and cooperation to provide an effective and beneficial medical insurance scheme for the employees of the Corporation. 42. Mr. Sinha and/ or the Corporation will file an affidavit by 25.6.2002 apprising his court regarding further developments in this matter. 43. Put up this case for further orders on 28.6.2002. 44. Let a copy of this order be handed over each to the counsel for the petitioner, S.C.VI and Mr. Rajeev Verma, counsel for the Corporation. Order dated 6.9.2002 45. Apart from the Lawyers representing the different parties, Mr. N.K. Sinha, Secretary, Department of Transport and Mr. P.K. Srivastava, Regional Director, Employees State Insurance Corporatio, are personally present. 46. Mr. Sinha files a further affidavit the outlines of the proposed healthcare scheme for the employees of the State Road Transport Corporation. The scheme on which Mr. Sinha has been working for the past several months has now started to take a definite shape and it has reached a stage where the affidavit fifed today can at least be said to contain the first rough draft of the scheme. The Court appreciates the endeavours of Mr. Sinha in this regard. 47. A copy of this affidavit has been given to Mr. P.K. Verma, counsel representing Bihar State Road Transport Corporation. The Court appreciates the endeavours of Mr. Sinha in this regard. 47. A copy of this affidavit has been given to Mr. P.K. Verma, counsel representing Bihar State Road Transport Corporation. On the next date the Administrator of the Corporation will file his response to the health-care scheme proposed by Mr. Sinha. This Court has no doubt that the response will be positive and constructive and the Administrator will make suggestions with a view to further improve the scheme and to ensure that it functions smoothly and gives some succour to the employees of the Corporation. 48. Mr. Sinha himself stated that the scheme needs further review/revision and he may be able to further refine it in consultation with the Administrator of the Corporation and the heads of the three Medical institutions, namely, Indira Gandhi Institute of Medical Science, Indira Gandhi Institute of Cardiology and Mahavir Cancer Sansthan. 49. This Court would like to extend all encouragement and help to Mr. Sinha to further work on his scheme and to try to make it, as far as practicable, proof against failure. He should, in fact, act as the Coordinator and should hold meetings, jointly and severally with the Administrator of the Corporation and the Heads and/or other Officials/Experts from the three medical institutions named above to further develop the scheme. As Coordinator Mr. Sinha will be working as Commissioner apointed by this Court and any request from him for a meeting or for any ether help aid may be treated by the concerned persons as a request from this Court. 50. Put up this case at the same position in the list on September 30, 2002. 51. On that day the Administrator of the Corporation will file his response to the health care scheme proposed by Mr. Sinha and he will also be personally present in Court. Mr. Sinha will also file an affidavit informing the Court regarding further progress made in this matter. 52. Let copies of this order be handed over to all the parties. Order dated 27.11.2002 53. Apart from the lawyers representing the different parties, Mr. N.K. Sinha, Secretary, Department of Transport and Mr. A.K. Upadhyaya, Administrator, Bihar State Road Transport Corporation are personally present. An Affidavit is filed by Mr. Sinha which incorporates the amendments and additions in the draft of Ex-gratia Payment in Serious Medical Situations Regulations, 2002 . Order dated 27.11.2002 53. Apart from the lawyers representing the different parties, Mr. N.K. Sinha, Secretary, Department of Transport and Mr. A.K. Upadhyaya, Administrator, Bihar State Road Transport Corporation are personally present. An Affidavit is filed by Mr. Sinha which incorporates the amendments and additions in the draft of Ex-gratia Payment in Serious Medical Situations Regulations, 2002 . The amendments and additions suggested by Mr. Sinha were discussed one by one and all concerned,including the Administrator, Bihar State Road Transport Corporation and this court felt that subject to some minor drafting, corrections/ improvements, the Regulations along with the amendments/ additions suggested by Mr. Sinha may be finally approved. 54. This can now be done without any delay. After the Regulations are finally framed by the Corporation, they would need the assent and approval of the State Government. Mr. N.K. Sinha assured the Court that the approval and sanction of the State Government shall be accorded without delay and in the shortest possible time. 55. As things stand at present, both Mr. Sinha and Mr. Upadhyaya are hopeful to introduce the Health Care Scheme for the employees of the Corporation under the Regulations by January 1, 2003. The Health-Care Scheme would thus be a fitting new years gift to the unfortunate employees of the beleaguered Corporation. 56. Put up this case on 6.1.2003 when both Mr. Sinha and Mr. Upadhyaya may inform the court that the scheme has duly been introduced. 57. In the mean while, counsel for the State and the Corporation will file an affidavit so as to bring on record the final Regulations duly approved and sanctioned by the State Government. 58. Let copies of this order be handed over to the State counsel and Mr. Rajeev Verma, counsel appearing for the Corporation. Order dated 6.1.2003 59. This case which in the beginning had filled the court with consternation and much concern, in the end brings happiness and satisfaction in equal measures. The proceedings of this case reaffirms this court belief that notwithstanding the apparently insurmountable odds and a seemingly hopeless situation, there is always scope for some improvement by application of mind coupled with a sincere effort. Thus, this case which had started with the tale of woes and misery of an individual employee of the Bihar State Road Transport Corporation has resulted in some deliverance for the entire body of employees of the Corporation. 60. Thus, this case which had started with the tale of woes and misery of an individual employee of the Bihar State Road Transport Corporation has resulted in some deliverance for the entire body of employees of the Corporation. 60. The facts of the case are fully stated in the order, dated 15.5.2002. it is well known that for a long time the Corporation has been struggling for survival. It has not been able to pay regular monthly salary to its employees for several years; it does not have sufficient funds to pay CRF. advance to its employees or even to settle the retiral dues of employees superannuating from service. For some time in the past, however, it is trying hard to once again stand on its legs with the support of the directions issued by the Supreme Court aimed at its revival. 61. The petitioner is an employee of the Corporation and holds the post of Junior Store Keeper. He suffers from serious rdio-Vascular problems and he took medical leave for his treatment. In the All Indian Institute of Medical Sciences, Delhi, was advised cardiac surgery for which was asked to deposit a sum of Rs. 70,000/-. Getting no regular monthly salary, a long time, the sum of Rs. 70,000/- was like a dream to the petitioner. He came back from Delhi without any treatment and tried to raise the money to meet the exinses of surgery for saving his life. He asked the authorities of the Corporation for his unpaid salary or even for a loan from his provident fund account. The Corporation was not in a position to give him the money either from his arrears of salary or on his provident fund account. It is also on record that the petitioner suffered heart attack even while sitting in the office of the Corporation pleading before the authorities for payment of his arrears of salary and/ or C.P.F. advance. He was rushed to the hospital and he was somehow able to survive. 62. Being on medical leave the petitioner was not getting anything as monthly salary. He, therefore, requested to be allowed to resume his duty so that he may aileast get fifty percent of his monthly salary in accordance with the direction of the Supreme Court. He was rushed to the hospital and he was somehow able to survive. 62. Being on medical leave the petitioner was not getting anything as monthly salary. He, therefore, requested to be allowed to resume his duty so that he may aileast get fifty percent of his monthly salary in accordance with the direction of the Supreme Court. The authorities in the Corporation expressed their inability even to allow the petitioner to resume his duty for want of a fitness certificate. The rules stipulate that a person going on medical leave can only be allowed to join duty on furnish his fitness certificate given by the doc- Thus, on the one hand the Corporation was not in a position to pay even his admitted and lawful dues and on the other and he was not allowed to resume his duty for want of fitness certificate. The facts of the case remind one of the stories by Kafka. 63. It was at this stage that the petitioner came to this court seeking his reliefs. The facts of the case caused much distress to the court but what was more appalling was the fact at that time for all intent and purposes there was no Administrator or any other responsible officer in the Corporation who could pay any attention to the case of the petitioner or even take any directions or orders from this court. Thus having an Administrator posted in the Corporation became the first priority for the court in this case and directions in that regard were made in orders, dated 15.4.2002 and 29.4.2002. It was in connection with the posting of the Administrator in the Corporation that this court had to summon the Transport Secretary, Mr. N.K. Sinha, who appeared before the court on 15.5.2002. Mr. Sinha had earlier been posted as Administrator of the Corporation and he not only knew the case of the petitioner but was fully aware of the affairs in the Corporation. He took a very positive attitude in this matter and in fact it was he who enlarged the parameters of this case. Apart from trying to help the petitioner he apprised the court that it would be possible to frame a Health Care Scheme that would benefit all the employees of the Corporation. He took a very positive attitude in this matter and in fact it was he who enlarged the parameters of this case. Apart from trying to help the petitioner he apprised the court that it would be possible to frame a Health Care Scheme that would benefit all the employees of the Corporation. From his experience, he informed the court that sufficient financial reserve had accumulated from the one rupee-insurance- surcharge collected by the Corporation on each ticket and a part of that money could be utilised for providing health-care-scheme for the employees of the Corporation. The Court considered the scheme out lined by Mr. Sinha and found that it would be a boon for the employees of the wretched Corporation. The court requested Mr. Sinha to work out the details of the scheme and to present it before the court for final consideration. Mr. Sinha worked hard on the scheme and took help not only from some Government hospitals but also from some voluntary agencies. In the end he finalised the scheme and presented it before the court. The court asked Sri Upadhyaya, in the meanwhile was posted as the Administrator of the Corporation, to consider the scheme and give his response to the court. To the credit of Mr. Upadhyaya it is to be said that he gave full cooperation in the matter and actively joined hands with Mr. Sinha in giving the scheme a final shape. 64. A set of Regulations called the Bihar State Road Transport Corporation Ex-gratia/CPF Payment In Serious Medical Situations Regulations, 2002 were framed jointly by Mr. Sinha and Mr. Upadhyaya and on being approved by this court the Regulations were finalised. As required under the law, the State Government (actually,Mr. Sinha) gave approval to those regulations by letter, dated 12.12.2002 and the Health Care Scheme in terms of those regulations has now come into operation. 65. To-day separate affidavits have been filed both on behalf of Mr. Upadhyaya, the Administrator, Bihar State Road Transport Corporation and Mr. N.K. Sinha, the Secretary Transport. In both the affidavits it is stated that the Health Care Scheme under the aforesaid Regulations is now in operation. In the affidavit of Mr. Upadhyaya, it is further stated that in terms of the Regulations the petitioner has further been sanctioned an ex-gratia amount of Rs. 28,500/-. He was earlier given a C.P.F. advance of Rs. 20,000/-. In both the affidavits it is stated that the Health Care Scheme under the aforesaid Regulations is now in operation. In the affidavit of Mr. Upadhyaya, it is further stated that in terms of the Regulations the petitioner has further been sanctioned an ex-gratia amount of Rs. 28,500/-. He was earlier given a C.P.F. advance of Rs. 20,000/-. Thus, the total amount sanctioned to the petitioner is Rs. 48,500/-. 66. Counsel for the petitioner submitted that the estimated expenditure of the surgery was Rs. 75,000/-. At this stage Mr. Sinha intervened to say that Clause 7 of the Regulations must be understood liberally and it must be clearly understood that the figures in Annexure 1 of the Regulations only represent a tentative and average cost and must not be taken as rigidly fixed amounts. He further stated that in any event the Regulations allowed for the balance to be provided as C.P.F. advance. 67. The court would like to put on record its deep appreciation of the efforts made by Mr. Sinha, Secretary, Department of Transport. The Court also appreciates the positive attitude taken by Mr. Upadhyaya, Administrator of the Corporation in this matter. 68. The court would further like to observe that the Health-Care-Scheme that has just come into being would require much nurturing and careful handling. It is expected that Mr. Sinha would treat the scheme as his own baby and he would extend his active cooperation, help and assistance, which would of course be received by the Corporation gratefully, to ensure that this scheme which is the result of some hard work is not confined only on paper and its fruit and benefits actually flow out to the needy employees. Mr. Sinha and Mr. Upadhyaya are jointly charged with this responsibility. 69. The case has served its purpose and the records of the case are directed to be finally closed.