Research › Search › Judgment

Jharkhand High Court · body

2018 DIGILAW 1373 (JHR)

Meeta Kumar, wife of Late Pradeep Kumar v. State of Jharkhand

2018-07-02

AMITAV K.GUPTA, D.N.PATEL

body2018
ORDER : D.N. PATEL, J. 1. This writ petition was initially a Public Interest Litigation being W.P. (PIL) No.2504 of 2017 because a letter was written by widow of deceased Judge of this High Court to the effect that she is not getting medical reimbursement under the Jharkhand High Court Judges' (Medical Facilities) Reimbursement Rules, 2004. 2. The letter written by the widow of the deceased Judge of this High Court was dated 10th April, 2017 which was converted into Writ Petition (PIL). Thereafter, vide order dated 3rd May, 2017, Public Interest Litigation it was converted into W.P.(C) No.2504 of 2017. The order dated 3rd May, 2017 reads as under:- “3.5.2017. Perused the letter dated 10.4.2017 it appears that this case has wrongly been registered as Public Interest Litigation [W.P.(PIL)] instead of Writ Petition (Civil). Accordingly, this Court directs the Registry to register this case under Article 226 & 227 of the Constitution of India and change the nomenclature of the case as “Writ Petition (Civil).” This Court appoints Mrs. Anubha Rawat Choudhary, learned counsel as Amicus Curiae in this case to assist this Court on behalf of the Petitioner. This Court further directs the Registry to serve a copy of the petition each on Mrs. A.R. Choudhary, learned Amicus Curiae and Mr. RR Mishra, learned GP-II in course of the day. Mr. Mishra, learned GP-II undertakes to obtain instructions in this matter from the Principal Secretary, Department of Health & Family Welfare, Government of Jharkhand, Ranchi. Since provision of Rules is under question in this case, this mater should be listed before a Division Bench. Accordingly, list this case day after tomorrow, i.e. on 05.05.2017 before Division Bench No.1, for further hearing.” (emphasis supplied) 3. Having heard the counsel for the respondent-State and looking to the facts and circumstances of the case, it appears that a wife of sitting Judge or a wife of retired Judge of this Court is getting medical reimbursement whereas a widow of a deceased Judge of this Court is not getting the medical reimbursement because of defective drafting of the Rules, 2004, especially Rule 3(d) to be read with Rule 3(f). 4. For the ready reference Rule 3(d) and 3(f) read as under:- “Definitions - In these Rules, unless the context otherwise requires :- (a)….. (b)….. (c)….. 4. For the ready reference Rule 3(d) and 3(f) read as under:- “Definitions - In these Rules, unless the context otherwise requires :- (a)….. (b)….. (c)….. (d) “Family” means the wife or in case of Judge has more than one legally married wife, wives/legitimate children/parents of the Judge who are dependent upon him. (e)…… (f) “Judge” means a Sitting or Retired Judge of the Jharkhand High Court and includes its Chief Justice. It also includes of a Judge who has retired from the Patna High Court on or before the Fourteenth day of November, year Two Thousand and who is residing in the State of Jharkhand. (g)….. (h)….. (i)….. (j)….. ” (emphasis supplied) 5. Learned counsel appearing for the State has submitted that two affidavits have been filed by the Secretaries of the respondent-State authorities and it is submitted that the amendment in the Rules is required and the matter is pending with the Finance Department. 6. Having heard the counsel for the State and looking to the facts and circumstances of the case and also looking to the need of the hour, till the rules are being amended by the State, “Family” shall include the widow of a deceased Judge of this Court and “Judge” shall include deceased Judge of this Court. It is true that the court cannot enact a law, but, it is also settled principle that when the word or expression used in a rule or act is ambiguous then the court cannot remain a mute spectator rather the duty and obligation is cast on the court in such exceptional circumstance to exercise its discretion and power to interpret the word or expression in a meaningful manner to clear the doubt and ambiguity and give the expression or word a meaningful definition for achieving the purpose and object of the rule. Accordingly, this court has no hesitation in stating that the definition of the word “Family” also includes the widow of a deceased Judge of this court. 7. Hence, till the rules are being amended “Family” includes the widow of a deceased Judge of this Court, and “Judge” includes deceased Judge of this Court under the Jharkhand High Court Judges' (Medical Facilities) Reimbursement Rules, 2004 and this will have prospective effect. 8. Consequently, we hereby direct the State of Jharkhand to reimburse herewith all the medical bills of widow of deceased Judge of this Court. 8. Consequently, we hereby direct the State of Jharkhand to reimburse herewith all the medical bills of widow of deceased Judge of this Court. The name of this applicant is Mrs. Meeta Kumar, wife of Late Pradeep Kumar, Former Judge, Jharkhand High Court. We also direct the Registrar General of this Court to place this order immediately before Hon'ble the Acting Chief Justice, so that, if any procedure is to be completed by this Court, it shall be completed within a period of four weeks from today and the State shall henceforth reimburse, the amount of the medical bills to the widow of the deceased Judge of this Court. 9. Rule 3(d) and 3(f) of the Jharkhand High Court Judges' (Medical Facilities) Reimbursement Rules, 2004 shall be read as under, till they are amended by the respondent-Government and will have prospective effect. “3 (d) 'Family' means the wife/widow/widower or in case of Judge has more than one legally married wives/widows, legitimate children, parents of the Judge, including the Chief Justice, who are dependent upon him.” AND “3 (f) 'Judge' means sitting or retired or deceased Judge of the Jharkhand High Court and includes its Chief Justice. It also includes of a Judge who has retired from the Patna High Court on or before the Fourteenth day of November, year Two Thousand and who is residing in the State of Jharkhand. 10. This writ petition is disposed of with the aforesaid observations. 11. Let a copy of this order be sent to: (a) The Chief Secretary of the State of Jharkhand, (b) The Registrar General of this High Court.