MADHU Vs. NORTHERN RAILWAY

JUDGEMENT

(1.) The appellants challenge an order by the Single Judge dismissing their writ petition. They sought directions to include their names in the medical card and privilege passes of Om Prakash Gorawara (hereafter, "Gorawara") and to issue them separate cards. The appellants were Gorawara "?s wife and daughter; neither are employed, and the first appellant, wife (hereafter "Madhu") is suffering from various chronic ailments. The present proceedings were preceded by a series of litigation between the appellants and second respondent. One of these resulted in applications of maintenance under Section 125 of the Code of Criminal Procedure, 1973. The other cases include proceedings alleging commission of offences under Sections 498A and 406 of the Indian Penal Code , 1860 ( IPC ). At the end of these litigations, the second respondent started paying maintenance to the appellants.

(2.) Gorawar is a former employee of Indian Railways, the third respondent. The Indian Railways Medical Manual and the Railway Servant Pass Rules allows for the issue of a REHLS card and establishes the "wife" and "unmarried daughter" as "family" for the purposes of extending medical card and privilege pass facilities to them. The families of current and former railway servants and officers are thus entitled to avail of medical services from railway hospitals so long as they are carrying the REHLS card. Before 2010 the appellants were listed as family/dependents on the medical card of the second respondent. In 2010 the appellants applied for and were denied separate medical cards by the first respondent, Northern Railways (referred to hereafter by name). Before his retirement in 2012, Gorawara removed the appellants "? names from his medical card, disentitling them to free medical services that are otherwise available to the dependents of railway employees.

(3.) A writ petition, W.P.(C)No.6535/ 2015, against the decision of Northern Railways taken in 2010 to deny the Appellants the medical card was filed before this court. The court directed the General Manager, Northern Railways to decide the matter expeditiously. On 23.11.2015 the General Manager, Northern Railways issued the speaking order denying the appellants the medical cards and privilege passes, and consequently the use of the free medical facilities. It is against this order of Northern Railways that a writ petition was filed before this court, resulting in the impugned judgment. The Learned Single Judge, rejected the appellants "? writ petition, holding that the issue involved a personal dispute and in the absence of nomination of the appellants as family members, by Gorwara, they could not claim the medical and pass benefits.