SURINDER KAUR SETHI Vs. UNION OF INDIA

JUDGEMENT

(1.) APPLICANT has filed the present Original Application seeking the following reliefs: -

(2.) FACTS of the case in brief are that the applicant while working as T.G.T.(English) at Kendriya Vidyalaya No.2, Mamun Cantt. Pathankot, District Pathankot, suffered left foot ankle fracture on 8.4.2008 and she was admitted in Government Hospital Pathankot. On the advice of the Orthopedic Surgeon, the applicant took treatment from Dr. Hardas Singh Orthopedic Hospital & Super Specialty Research Centre, Amritsar, as an indoor patient. After discharge from the hospital, the applicant submitted all the medical bills for its reimbursement. However, respondent no.4 vide letter dated 24.2.2009 has turned down the medical claim on the ground that the said hospital is not recognized. The applicant filed a representation dated 19.8.2009 to the higher authorities and the case of the applicant was directed to be re -examine by respondent no.4. When no action was taken by respondent no.4 for reimbursement of medical bills, the applicant filed a suit for recovery of medical bills as well as suit for declaration and mandatory injunction. After filing the case, respondent no.4 started harassing the applicant on one pretext or the other and openly defaming the applicant before the school that the applicant is not a competent teacher and threatened to get her transferred as a punishment for filing the suit. The civil suit filed by the applicant was got dismissed as withdrawn on 12.10.2010 for want of jurisdiction.

(3.) ON notice, the respondents 2 & 3 have filed written statement, wherein they have stated that the present OA is liable to be dismissed for mis -joinder and for non -joinder of proper and necessary parties. They have further stated that the present OA is also liable to be dismissed on the ground that the applicant has claimed multiple reliefs. The applicant has not approached the Tribunal with clean hands.