MANOJ KUMAR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) By this single order, I shall dispose of two writ petitions bearing CWP Nos. 4647-2016 and 4892-2016. The facts are being extracted from CWP 4892-2016 filed by Manoj Kumar petitioner.

(2.) Petitioner Manoj Kumar is working as a Warder in District Jail Kaithal. His father namely, Bhali Ram who was an agriculturist by profession and owns 39 kanals 19 marlas of land, was living with the petitioner. Father of the petitioner was suffering from cancer and remained admitted in Fortis Hospital, Mohali from 10.12.2011 to 10.1.2012 for one month and then remained admitted in PGI, Chandigarh and ultimately expired on 11.2.2012. Petitioner submitted the medical reimbursement bill to the tune of Rs. 7,05,936/-. Petitioner claimed that his father was wholly dependent on him. However, vide order dated 23.1.2014 (Annexure P5) while passing a speaking order in compliance with the order passed by this Court in CWP 20954 of 2013, the claim of the petitioner was declined on the ground that Bhali Ram father of the petitioner was having income of more than Rs. 3500/- per month. Therefore, he was not wholly dependent and the claim was declined.

(3.) In case of Subhash, petitioner in CWP No.4647-2016, petitioner was working as a Jail Warder in District Jail, Karnal. His father was having a heart problem and remained admitted in G.B. Pant Hospital, New Delhi from 29.5.2012 to 1.6.2012. Petitioner spent Rs. 1,77,818/- on his treatment. It is stated that his father, namely, Ved Parkash was wholly dependent on the petitioner. In the said case also, claim has been rejected on the ground that Ved Parkash father of the petitioner was having income of more than Rs. 3500/- per month, which was assessed on the basis of the fact that said Ved Parkash was having 4.75 acres of land. In the said case also, impugned order (Annexure P3), declining the reimbursement was passed in pursuance to the order passed in CWP 20954 of 2013.