NAWAL SINGH SANCHETI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been filed by the complainant appellant against order dated 17.5.2005 passed by the District Forum, Chittorgarh in Complaint No. 304/2004 by which the complaint of the complainant appellant was dismissed.

(2.) IT arises in the following circumstances - That the complainant appellant had filed a complaint against the respondents before the District Forum, Chittorgarh on 19.10.2004 inter alia stating that after his retirement as per terms and conditions of the service, free medical aid was being provided by the respondents and for that a trust was created by the Government of Rajasthan for the welfare of the retired employees. It was further stated in the complaint that the complainant appellant was a patient of heart and his case was referred by the Medical Board for taking the treatment in AIIMS at Delhi and approximate expenditure to the tune of Rs. 50,000 was sanctioned by the Medical Board on 5.2.2002. It was further stated that thereafter on 8.4.2002 the complainant appellant was got admitted in the AIIMS where bypass surgery was done on him on 10.4.2002 and a sum of Rs. 55,000 were spent for which bill issued by the AIIMS had been produced which shows that the complainant had taken the treatment in that institute for the period 9.4.2002 to 17.4.2002. It was further stated in the complaint that thereafter claim was preferred by the complainant appellant before the office of the respondents but his case was rejected simply on the ground that the pensioners diary was not renewed. Thereafter the present complaint was filed. A reply was filed by the respondents before the District Forum, Chittorgarh on 21.12.2004 and the case of the respondents was that the amount which was sanctioned by the Medical Board was to be utilised by the end of 31.3.2002 and since the diary for the next financial year was not renewed, therefore, the complainant appellant was not entitled to any amount and it was prayed that complaint be dismissed. After hearing the parties, the District Forum, Chittorgarh through impugned order dated 17.5.2005 had dismissed the complaint inter alia holding that as per circular of the Govt. of Rajasthan, no claim for financial assistance was to be entertained unless medical diary stands renewed for the period the treatment was taken by the pensioner and since the diary of the complainant (pensioner ) was not renewed, therefore, claim was not payable. Aggrieved from the said order dated 17.5.2002 passed by the District Forum, Chittorgarh, this appeal has been filed by the complainant appellant.

(3.) IN this appeal the main contention of the learned Counsel for the complainant appellant is that the findings recorded by the District Forum by which complaint was dismissed are erroneous one as the amount of Rs. 50,000 which was sanctioned by the Medical Board on 5.2.2002 was for the treatment to be taken at AIIMS, New Delhi and there was no restriction that the bypass surgery be got conducted prior to 31.3.2002 and thus the findings of the District Forum rejecting the claim of the complainant appellant could not be sustained as they suffer from basic infirmity, illegality and perversity and this appeal deserves to be allowed.