BISHNU RAM Vs. SECRETARY COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) The petitioner, a Head-Canstable in Central Reserved Police Force(CRPF), underwent an operation for abdominal Hernia on 10th of October, 1986 at Safdarjung Hospital, New Delhi. Again, on 2nd February, 1988, he had to undergo another surgery for removal of his cancerous right kidney at the same very hospital. He continued his post-operative treatment over a period of time. He purchased medicines from the market on both the occasions as the same were not available with the Safdarjung Hospital, New Delhi or the Base Hospital-I, CRPF. He submitted following medical claims to COY A/71 BN/PK for reimbursement thereof: (i) M-III -1/87-A-A-711 dated 15.1.1987 for Rs.10,000/- (ii) M-III-88 PKE dated 12.3.1988 for Rs.35,000/-. (iii) M-III-90 PKE dated 30.11.1988 for Rs.11,000/-. (iv) M-III-1/90 PKE dated 25.4.1990 for Rs.17,000/-.

(2.) The amounts of the aforesaid medical claims were, however, not released in spite of various representations in that respect made by the petitioner from time to time. In addition to representations, a legal notice dated 10.3.1998 and second one dated 18.5.1998 to the respondents regarding non-payment of his medical claims also did not yield any result.

(3.) Apart from non-payment of aforesaid medical claims, it is stated, the respondents incorrectly fixed the pay of the petitioner at Rs.1330/- on his promotion as Head Constable while the pay of other Head-Constables, including those junior to him, were fixed at Rs.1390/-. The petitioner filed the present writ petition in August, 1998 seeking release of all his medical claims, correct fixation of his pay and interest @ 18% per annum on the amount with-held by the respondents.