SUBAL DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By means of filing the instant writ petition, the petitioner has asked for invoking the jurisdiction of this Court under Article 226 of the Constitution of India to provide him the benefit of medical reimbursement bill in connection with the treatment of his wife at Apollo Hospital, Chennai in terms of the Memorandum issued under reference No. F.5(10)-Fin(G)/75-1 dated 09.08.2005 issued by the Joint Secretary to the Government of Tripura, Department of Finance.

(2.) Before adverting to the facts of the present case, I have been compelled to reiterate an observation made by this Court in Uttam Pal Vs. The State of Tripura and Ors.[WP(C) No.1479 of 2017], where a learned Single Judge(Hon'ble the Chief Justice Sri Ajay Rastogi, as he then was) has expressed his Lordship's anguish the manner the Government employees of the State be forced to invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India.

(3.) In the instant case, under compelling circumstances and emergent situation, the wife of the petitioner was taken to the Apollo Hospital at Chennai for her appropriate treatment. While the petitioner was serving under the respondents as Naik(G.D.), Tripura State Rifles, he admitted his wife, Smt. Dipti Das as an indoor patient at AGMC and GBP Hospital, Govt. of Tripura with the complaint of chest pain and breathing problem. She was under treatment w.e.f. 23.06.2016 to 28.06.2016, whereafter she was discharged with certain advice relating to medicine, and further advised to attend Chest OPD (discharge certificate is annexed to the writ petition as Annexure-1).