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2017 DIGILAW 1196 (JHR)

Dinesh Kumar Sinha v. State of Jharkhand

2017-07-19

S.N.PATHAK

body2017
JUDGMENT : S.N. Pathak, J. The petitioner has approached this Court with a prayer to direct the respondents to reimburse the medical expenses incurred in the treatment (Kidney Transplantation) of his dependent son namely Amit Kumar. And further prayer to direct the respondents to immediately deposit the entire amount deducted towards his General Provident Fund and LIC from his salary from 1980 to 1991 while working as Work charged employee in his account and to give details of the so deducted amount. Factual Matrix. 2. The petitioner was appointed in the Work-Charged Establishment in Minor Irrigation Department on 8.8.1980. While, the petitioner was working in the Work Charged Establishment during the year 1980 to 1991 regular deductions were made towards his General Provident Fund and LIC from his month to month salary. The service of the petitioner was regularized in accordance with law with effect from 19.2.1991 and he became the regular employee of the Minor Irrigation Department, Government of Bihar, Patna now Jharkhand. The petitioner is a regular government employee and is working as Gaze Reader (Class IV) in Minor Irrigation Division, Chatra. It is a case of the petitioner that his dependant son developed some ailment in the year 2007 when he had gone to Patna with his family members and was hospitalized at Indira Gandhi Institute of Medical Science, Sheikhpura, Patna, Bihar and since his condition did not improve rather deteriorated and, as such he was referred to All India Institute of Medical Science (hereinafter referred to as the 'AIMS'), New Delhi on 22.6.2007. 3. Dependent son of the petitioner was hospitalized at AIMS, New Delhi and since he was suffering from End State Renal Disease and, as such, he was advised for kidney transplantation and the petitioner offered himself to be his donor. The estimated cost for the kidney transplantation was to the tune of Rs. 2,75,000/- as given by AIMS, New Delhi, on 14.8.2007. Kidney transplantation of the petitioner's son was successful and recurring estimated cost of Rs. 15,000/- was required for every month and, as such, the petitioner immediately filed a representation before the Executive Engineer, Minor Irrigation Division, Chatra along with all medical prescription and receipts on 3.9.2007 requesting him for reimbursement of the amount already spent, which was duly received in his office on 3.9.2007. The Executive Engineer, Minor Irrigation Division, Chatra by his letter no. The Executive Engineer, Minor Irrigation Division, Chatra by his letter no. 505 dated 3.9.2007 forwarded the same to the Superintending Engineer, Minor Irrigation Circle, Hazaribagh with a recommendation. 4. The Deputy Secretary, Water Resources Department, Jharkhand by his letter no. 30 dated 04.01.2008 informed the Chief Engineer, Minor Irrigation, Ranchi that the original documents along with the signature of the authorized doctor was not available for the reimbursement of the amount already spent on the treatment of the petitioner's son and made a request to send the required documents immediately and forthwith. In the meantime, further amount of Rs. 22,129/- was spent on the treatment of the petitioner's son and, as such, the petitioner immediately filed a representation before the Executive Engineer, Minor Irrigation Division, Chatra along with the original receipts duly signed by the authorized doctor on 19.2.2008. It is a case of the petitioner that the bills submitted by him was pending in the office of the Executive Engineer, Minor Irrigation Division, Chatra itself and the same had not been forwarded for its clearance and, as such, he gave reminder to the Executive Engineer, Minor Irrigation Division, Chatra on 26.5.2008. The Additional Secretary, Water Resources Department, Jharkhand by his letter no. 3061 dated 20.11.2008 requested the Chief Engineer, Minor Irrigation, Ranchi to send the required documents with regard to be taken for its reimbursement. The Executive Engineer, Minor Irrigation division, Chatra by his letter no. 866 dated 21.12.2008 forwarded the required documents regarding the treatment of the petitioner's son to the Superintending Engineer, Minor Irrigation Circle, Hazaribag for its reimbursement. The said papers with regard to the treatment of the petitioner's son was placed before the State Level Medical Council Jharkhand, Ranchi but the Chairman, State Level Medical Council, Jharkhand, Ranchi deferred the matter for the next meeting but till date nothing has been done. 5. The Additional Secretary, Water Resources Department, Jharkhand by his letter no. 1956 dated 29.5.2009 again informed the Chief Engineer, Minor Irrigation, Ranchi that the State Level Medical Council, Jharkhand, Ranchi requires the discharge summary of the treatment of the son of the petitioner and, as such, a request was to make it available. The said discharge summary was also forwarded to the Chief Engineer, Minor Irrigation, Ranchi. In the meantime, further amount of of Rs. The said discharge summary was also forwarded to the Chief Engineer, Minor Irrigation, Ranchi. In the meantime, further amount of of Rs. 45,129/- was spent on the treatment of the son of the petitioner and, as such, the petitioner immediately submitted original bills and prescription duly signed by authorized doctor before Executive Engineer, Minor Irrigation Division, Chatra who forwarded the same to the Superintending Engineer, Minor Irrigation Circle, Hazaribagh by his letter no. 425 dated 01.07.2009 informing him that Discharge Summary of the treatment of the son of the petitioner had already been sent by letter no. 391 dated 16.6.2009. 6. It is a case of the petitioner that further sum of Rs. 13,183/- spent on the treatment of petitioner's son and, as such, the petitioner immediately submitted the original bills and prescription duly signed by the authorized doctor before the Executive Engineer, Minor Irrigation Division, Chatra who forwarded the same to the Superintending Engineer, Minor Irrigation Circle, Hazaribagh by his letter no. 574 dated 18.8.2009. However, till date the petitioner has not been paid a single farthing towards the medical expenses incurred in the treatment of his dependant son. It is a case of the petitioner that regular deduction was made from the salary towards General Provident Fund and LIC from 1980 to 1991 while he was engaged as Work-Charged employee but the same was not being deposited in his account maintained for the said purpose. 7. Several representations were filed by the petitioner but till date only false and baseless assurance have been given but the same has not been deposited till date in the account of the petitioner. Petitioner has filed several representations before the respondents authorities for payment of the amount deducted from his salary towards General Provident Fund and LIC from 1980 to 1991 but the same has not been deposited. The Executive Engineer, Minor Irrigation Division, Chatra by his letter no. 639 dated 28.11.2007 requested the Superintending Engineer, Minor Irrigation Circle, Hazaribagh to give an additional allotment of Rs. One lakh so that it could be paid to the petitioner but the same has not been paid to the petitioner till date. Hence, the instant writ petition has been preferred. 8. Ms. 639 dated 28.11.2007 requested the Superintending Engineer, Minor Irrigation Circle, Hazaribagh to give an additional allotment of Rs. One lakh so that it could be paid to the petitioner but the same has not been paid to the petitioner till date. Hence, the instant writ petition has been preferred. 8. Ms. Sitakchi, learned counsel for the petitioner submits that petitioner is a Class-IV employee and he is facing great financial loss due to non-reimbursement of the medical expenses incurred in the treatment of his dependant son. The respondent authorities have turned down the grievance of the petitioner. Learned counsel submits that direction may be given to the respondent authorities to deposit the entire amount incurred by way of treatment to the son of the petitioner. Respondents also be directed to reimburse the amount deducted from the salary of the petitioner towards the General Provident Fund and LIC from the year 1980 to 1991. It is a specific case of the petitioner that till date he has not received a single farthing towards the medical expenses incurred in the treatment of his dependent son. 9. Per contra counter affidavit has been filed. Mr. Sunil Singh, vehemently opposes the contention of the learned counsel for the petitioner and draws the attention of the Court towards several paragraphs of the counter affidavit. Learned counsel submits that in view of paragraph nos. 10, 11, 12 and 13 it is clear that total amounting to Rs. 1,89,625/- which is submitted before the respondent authorities by the petitioner. The Executive Engineer has informed that all the medical bills duly signed by the Competent Medical Officer were sent to the concerned Chief Engineer Minor Irrigation, Ranchi and the Chief Engineer has been directed to submit pending medical bills amounting to Rs. 1,89,625/- before the Department for necessary action. So far as the claim of the petitioner to deposit the GPF and LIC amount in his new account is concerned in this regard the Executive Engineer Minor Irrigation, Chatra has been directed to deposit the same in petitioner's new account vide departmental Memo No. 2659 dated 26.08.2010 and the process has already been undertaken by the respondent authorities and the same will be paid if some more time is granted to the respondents. 10. 10. Be that as it may, having gone through the rival submissions of the parties, this Court is of the considered view that the case of the petitioner needs consideration. In view of the fact that petitioner is a Class-IV employee though specific averments has been made in the counter affidavit that amount has already been reimbursed in the account of the petitioner but nothing has been mentioned in the counter affidavit that the same has been deposited or not. 11. From perusal of the several paragraphs of the counter affidavit, it is found that steps in this regard were taken in the year 2010 but we are in the year 2017 seven years have passed and the respondent authorities have not paid a single farthing and not deposited the said amount in the account of poor petitioner. Petitioner is running from pillar to post to get the amount incurred in the treatment of his son. Though, the respondent counsel seeks some more time to file affidavit with regard to whether the amount has already been deposited or not. In the year 2007 an affidavit has been filed but nothing has been mentioned in the said about the grievance of the petitioner. This Court is constrained to issue directions to the respondent nos. 2 and 3 to take immediate steps to deposit the entire amount in the account of the petitioner within a period of fifteen days from the date of receipt of copy of this order. 12. If amount is not deposited a cost of Rs. 50,000/- will be imposed on the respondent no. 3, The Chief Engineer, Minor Irrigation Department, Govt. of Jharkhand. If the amount has already been deposited in the account of the petitioner the respondent no. 3 will not be saddled with the said cost. 13. Accordingly, the writ petition stands allowed.