DHANANJAY KUMAR Vs. SOUTH EASTERN COALFIELDS LIMITED

JUDGEMENT

(1.) This is second round of writ petition. The grievance of the Petitioner is that son of the Petitioner was seriously ill. The Petitioner took his son to SECL Hospital, Mudapar, Korba, the hospital of the Respondents. The Doctors of the Respondent referred the Petitioner's son to Ramkrishna Care Hospital, Raipur. Further, the Doctors of Ramkrishna Care Hospital, Raipur taking into consideration that the condition of the child was very critical and he had to be provided specialized treatment within a couple of hours, advised the Petitioner to take his son to Medanta Hospital, Gudgaon (Delhi). Since the time was running, he was advised to take his son through Air Ambulance, which the Petitioner immediately arranged and took his son through Air Ambulance to Delhi wherefrom after providing immediate specialized treatment, he survived and subsequently discharged from Hospital.

(2.) Claim application had been filed by the Petitioner claiming the travel allowance including the expenses incurred in taking of the Petitioner's son to Delhi by Air Ambulance. The amount claimed is of Rs. 4,09,975/-. The said claim application of the Petitioner was not considered by the Respondents - Authorities. The Petitioner, thereafter, had filed a petition before this Court in the year 2016 which was registered as Writ Petition (S) No. 3188 of 2016. This Court at the first instance, prima-facie finding that the claim of the Petitioner was not settled by the Respondents, disposed off the petition with a direction to the General Manager / Chief General Manager of the Kusmunda Area to look into the grievance of the Petitioner and take a decision on his claim within a period of 60 days. Subsequently, it appears that the Area Personnel Manager, SECL Kusmunda Area vide its order dated 11.02.2017 pursuant to the direction given by this Court on 15.12.2016 in Writ Petition (S) No. 3188 of 2016, decided the claim of the Petitioner and mechanically held that the Petitioner was only entitled for an amount of Rs.7,169/- for the expenses made for travel by Air Ambulance. The calculation of the Petitioner's claim was considered as per the Rail fair from Korba to Delhi in A.C. Second Class. While deciding the claim of the Petitioner, the Respondents have also found that since the son of the Petitioner was below 5 years of age, he does not require a ticket and was granted the Rail fair only to Petitioner for Rs.7,169/-. Subsequently, the Petitioner appears to have made fresh representation to Respondent No.1 vide representation dated 13.02.2016.

(3.) True it is that this Court has already referred the matter earlier for a decision to be taken by the General Manager of the Area where the Petitioner was working. It seems the authorities concerned have proceeded to technically and in a mechanical manner strictly in accordance with Rules.