B K MITTAL Vs. CHAIRMAN AND MANAGING DIRECTOR

JUDGEMENT

(1.) WHILE posted at Darbhanga, it was detected that the petitioner is suffering from rheumatic heart disease. This detection was made in May 1982. Ultimately on 16th July, 1998, petitioner underwent open heart surgery in order to get rid of the said disease. There was twofold claim by the petitioner on account of the said disease. One was pertaining to money spent and the other on account of leave that he was forced to take. Petitioner has been paid the money established to have been actually spent by him. The learned counsel for the petitioner has informed us that little in excess of `2,50,000/- has been received. Petitioner, however, sought and still is insisting to seek medical aid of `3,96,000/-, less the money already paid. In order to arrive at the figure of `3,96,000/-, petitioner has proceeded on the basis of approximation not supported by any document. In the event such a claim is honoured, the same would be a gratuitous grant, we cannot direct grant of the same.

(2.) THE other claim is to treat the leave obtained by the petitioner for the treatment as special leave, so that the petitioner continues to receive salary during the leave period beyond the permissible extent. In that connection, petitioner relies upon para 7 (d) of the Central Bank Office Circular dated 3rd December, 1979. That para deals with injury sustained in course of duty. In the instant case, admittedly, the petitioner did not sustain any injury. Para 7(d) of the said Circular, therefore, is of no help to the petitioner. Since there is nothing further to be done in the writ petition, the same is dismissed.