Research › Search › Judgment

Madras High Court · body

2020 DIGILAW 1557 (MAD)

A. S. Mohamed Khader Meeran v. Secretary, Government of India, Ministry of Health & Family Welfare, New Delhi

2020-09-18

M.M.SUNDRESH, R.HEMALATHA

body2020
JUDGMENT : M.M. Sundresh, J. (Prayer: Petition under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents to issue appropriate orders to start the facility of booking concession tickets (for patients), through IRCTC e-ticketing service for trains beginning after 1st June 2020, to provide reimbursement for the eligible passengers (patients category) who have booked train tickets through IRCTC and made payments without availing the concession (for trains beginning from June 1st, 2020) and to take steps to provide concession ticket booking facility through IRCTC e-ticketing facility (Website and app) for all the concession categories including patients, widows, students, youths, awardees, farmers (kisans), medical professionals etc., who are eligible for concession under the current rules of Railways, after initiation of regular train services.) The petitioner has come forward to file this writ petition seeking a direction to the respondents to extend the facility of concession tickets through e-ticketing services apart from what has been offered to those who are booking tickets in person. 2. In the counter affidavit filed by respondents 4 to 6, it has been stated as under: 7. 2. In the counter affidavit filed by respondents 4 to 6, it has been stated as under: 7. The details of concession in passenger fare admissible to 11 categories of patients is follows: Sl.No. 1 Cancer patients travelling alone or with an escort for treatment/periodic check up 75% in 2nd, 1st class & AC chair car.100% in SL & 3AC50% in 1 AC & 2 AC One escort eligible for same element of concession (except in SL & 3AC where escort gets 75%) 2 Thalaseemia patients travelling alone or with escort for treatment/periodic check up 75% in 2nd, SL, 1st Class, 3 AC, AC Chair Car 3 Heart patients travelling alone or with an escort for heart surgery 50% in 1AC and 2AC 4 Kidney patients travelling alone or with an escort for kidney transplant operation/dialysis One escort is also eligible for same element of concession 5 Haemophilia patients severe & moderate form of disease - travelling alone or with an escort for treatment/periodical check up 75% in 2nd, SL, 1st Class, 3 AC, AC Chair Car One escort is also eligible for same element of concession 6 T.B/Lupas Valgaris patients travelling alone or with an escort for treatment/periodical checkup 75% in 2nd, SL and 1st Class One escort is also eligible for same element of concession 7 Non-infectious leprosy patients for treatment/periodical check up 75% in 2nd, SL and 1st class One escort is also eligible for same element of concession 8 AIDS patients for treatments/check up at nominated ART Centres 50% in 2nd class 9 Ostomy patients - travelling for any purpose 50% in MST & QST One escort is also eligible for same element of concession 10 Sickle cell anaemia - for treatment/periodical check up 50% in sleeper, AC chair car, AC 3 tier and AC 2 tier classes 11 Aplastic Anaemia - for treatment/periodical check up 50% in sleeper, AC chair car, AC 3 tier and AC 2 tier classes 8. I submit that the concessional tickets are issued to persons with Disabilities (Divyangjan) and Senior Citizen through online facility. Concession to Divyangjan is granted to travel for any purpose and minimum validity of the certificate of Divyangjan is 5 years. However, in case of patients, certificates of patients are valid for single journey for the specific purpose. 3. I submit that the concessional tickets are issued to persons with Disabilities (Divyangjan) and Senior Citizen through online facility. Concession to Divyangjan is granted to travel for any purpose and minimum validity of the certificate of Divyangjan is 5 years. However, in case of patients, certificates of patients are valid for single journey for the specific purpose. 3. From the aforesaid submission made, it is clear that the concession tickets are issued to persons with disabilities and senior citizens through online facility. Various categories of the persons have been given the benefit. 4. In such view of the matter, we are of the view that no further orders are required. Apart from the same, booking online per se cannot be equated with that of the physical booking. Accordingly, the writ petition stands disposed of by taking note of the aforesaid paragraphs in the affidavit filed by respondents 4 to 6. We would only expect respondents 4 to 6 to comply with the same in letter and spirit. No costs.