RAMESHWAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The appeal arises out of the judgment of a learned Single Judge in Writ Petition No. 4313 of 2009 whereby the claim of the appellant-petitioner has been rejected. The relief sought in the writ petition was for quashing of the order dated 3rd June, 2009 whereby the medical allowance claimed by the petitioner in respect of the medical expenses for the treatment of his wife was turned down as demanded and it was informed that a medical assistance to the wife of retired employee under the Central Reserve Police Forces was admissible only to the extent of Rs. 20,000/- only.

(2.) Torn by Parkinson's, defeated by age and depressed by the loss of his life-partner, the appellant driven by the desire to receive a just treatment, has filed this intra-court appeal questioning the correctness of the judgment of the learned Single Judge on several grounds.

(3.) Narrating his long years of exemplary services as a member of the CRPF, the appellant is aggrieved by the unwanted "red-tapism" in the processual inaction of extension of medical assistance to his wife, who died on account of non-receipt of funds. She died out of heart ailment, the treatment whereof was not made available due to the want of financial aid inspite of the entitlement of the appellant. The question is, whether the stand of the respondents that there was failure on the part of the appellant to complete paper formalities, was so fatal so as to deny him any medical assistance which he otherwise was entitled. The issue of relief is intertwined, as fate would have it, with the evident reality that the wife of the appellant died without receiving treatment of surgery for repair of heart valves. The question is, if there was no treatment, then there cannot be a possible reimbursement as per rules, but what if such a situation was brought about due to a possible resisting attitude on the part of the respondents that can be described as unjust? The answer can be found on the basis of the material on record on sifting of the communication between the respondents and the appellant.