LAWS(GAU)-2013-5-6

DURGESWAR SAIKIA Vs. UNION OF INDIA

Decided On May 28, 2013
Durgeswar Saikia Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Heard Mr. G Alam, learned counsel appearing for the petitioner. None appeared for the respondents. However an affidavit-in-opposition has been filed on behalf of respondent Nos.2 to 8.

(2.) Invoking power under Article 226 of the Constitution of India, the instant writ petition has been filed praying for a direction to the respondents to reimburse the petitioner's medical bills amounting to Rs.1,86,133.72 (Rupees One Lakh Eighty Six Thousand One Hundred Thirty Three and Seventy Two Paisa) only forthwith.

(3.) The petitioner's case in brief is that the petitioner is presently serving as Executive Engineer in the Brahmaputra Board, Guwahati. The National Hydroelectric Power Corporation (NHPC for short), being under the administrative control of the respondent No.1, he was sent on deputation to the NHPC, where he served as Assistant Manager under Siang Project, Arunachal Pradesh w.e.f. November, 2001 to November, 2003. While on deputation the petitioner's wife fell seriously ill and she was diagnosed as suffering from "Myathemia Grasis-II". She was immediately admitted at the GNRC Hospital, Guwahati where she underwent "thymectomy" operation on 09.09.2002. Subsequently when her condition deteriorated, she was shifted to the Gauhati Medical College and Hospital, (GMCH for short) Guwahati, where she eventually died on 24.10.2002. Thereafter the petitioner submitted medical bill amounting to Rs.1,86,133.72/- alongwith relevant vouchers and the necessary certificates issued by the attending doctors/authority vide letter dated 23.12.2002. In the meanwhile, petitioner was also detected as suffering from Cancer in November, 2003. Due to the costly treatment, the petitioner is facing acute financial problem. Therefore due to non-receipt of the bills so submitted, petitioner had sent several petitions to the respondent No.2 requesting therein to consider his case and make payment at an early date. One of such petition is quoted herein below: <FRM>JUDGEMENT_22_TLGAU0_2013_1.html</FRM>