V S PARTHASARATHY Vs. DIRECTOR GENERAL

JUDGEMENT

(1.) THE petitioner has filed the above writ petition to issue a Writ of Mandamus, to direct the respondents to pay a sum of Rs. 5 lakhs towards compensation for the death of his son Balaji, Constable No. 914525217 CISF due to negligent and careless attitude or provide employment to his second son, viz. , Murali on compassionate ground.

(2.) ACCORDING to the petitioner, his son late Balaji had served in Central Industrial Security Force (for short 'cisf') as Constable from 1991. He was transferred to CISF, M. R. L. , Manali from Jaipur on the ground that he was suffering from cancer. On 29. 11. 1997, his son made a representation to the 3rd respondent, Deputy Commandant, CISF Unit, M. R. L. , Manali, to sanction required medical treatment charges, which comes around Rs. 7 lakhs for Bone Marrow Transplantation. His son again made a representation to the Chairman and Managing Director, M. R. L. , Chennai, the 4th respondent herein, requesting for urgent medical treatment, enclosing a medical certificate obtained from Cancer Hospital, Adyar. The 3rd respondent forwarded the application for financial assistance submitted by his son, to the 4th respondent. Instead of taking action on the said representation, the 3rd respondent has admitted his son in an ordinary Hospital, namely, M. K. Nursing Home, Chennai on 27. 04. 1998 and he was discharged on 07. 05. 1998. The 3rd respondent would have admitted his son either in the Apollo Hospital or in the Cancer Hospital, Adyar. Thereafter, his son died on 30. 05. 1998. Since the death was caused due to the negligent and irresponsible attitude of the 3rd respondent, he is liable to pay compensation for the death caused to his son. The 4th respondent had also not taken due care to save his son. Therefore, for the loss of life and mental agony, the respondents have to pay compensation for a sum of Rs. 5 lakhs jointly to the petitioner. After the death of his son, on 06. 07. 1998, the petitioner made a representation to the 4th respondent and requested a job for his second son (brother of the deceased Balaji) on compassionate grounds. On 16. 07. 1998, he made another representation to the 4th respondent. On 18. 08. 1998, the 4th respondent sent a letter, stating that due to various administrative reasons and procedures, they are not in a position to offer any employment to his second son, which necessitated the petitioner to file the above writ petition.

(3.) ON behalf of respondents 1 to 3, Group Commandant, CISF Headquarters, Chennai-90 has filed a counter affidavit, wherein it is stated that on arrival in CISF Unit, M. R. L. , Manali, the Constable Balaji was under treatment at Cancer Institute, Adyar. The hospital authorities advised the patient to undergo Bone Marrow Transplantation, for which they have given the estimate of Rs. 7 lakhs. A case was taken up with the management of M. R. L. , Manali, in their letter dated 07. 01. 1998 as the Constable was posted to CISF Unit, Manali. The Constable also submitted an application to Director General, CISF, for financial assistance for medical treatment from Central Welfare Fund, which was forwarded to Force Headquarters. In the meanwhile, the Constable Balaji was under treatment at M. K. Nursing Home, which is an authorised hospital for M. R. L. for medical purpose. He had proceeded to his home town after discharge from hospital from 07. 05. 1998. He reported at the Unit on 18. 05. 1998 and requested the Deputy Commandant to grant him leave for 40 days to continue treatment at his home town Arakkanam. On 21. 05. 1998, his father informed over phone that his son was admitted in Cancer Institute at Adyar in a critical condition. As requested by the hospital authorities and the petitioner, a van was arranged on 22. 05. 1998 to take his son to Arakkanam, his native place. However, Constable Balaji died on 30. 05. 1998. Immediately, all pensionary benefits have been settled.