MAST RAM BHATTI Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner Mast Ram, has filed the present writ petition under Article 226 of the Constitution, praying inter alia, the following reliefs:

(2.) The Petitioner was enrolled as a Peon in GREF (An Armed Force of the Union) on August 14, 1968. He also discharged the duties of a Storeman with effect from June, 1972 to November, 1973 and again from May, 1976 to July, 1978 efficiently and diligently. He has enclosed certificates of appreciation issued by the authorities in his favour (Annexure-PA and PB respectively to the writ petition) According to the Petitioner he was posted at different places and discharged various duties. During the course of his employment he contracted a disease known as Grand Mal Epilepsy some time in the year, 1974. In the year 1978 he was posted as a Peon (Sepoy) in Headquarter Chief Engineer Project Sampark. It is asserted in the petition that the Petitioner proceeded on casual leave for 12 days with effect from 8-8-1982 to 20-8-1982 to his village, where, on 16-8-1982 he got an attack of epilepsy, on account of which he fell down and sustained serious injury in his back. He was given first aid treatment in the dispensary in his native village Houridevi, Tehsil Nurpur, District Kangra and lateron was shifted to the Civil Hospital at Nurpur. According to the Petitioner, Medical Officer Incharge of the Hospital advised him to undergo treatment for a period of 1-1/2 to 2 years continuously. It is contended by the Petitioner that on account of the medical advice he applied for extension of his leave and also for financial assistance for his treatment. Alongwith his application for extension of leave the Petitioner also sent his medical certificate issued by the Medical Officer Incharge Civil Hospital, Nurpur. On receipt of his application the Camp Commandant Headquarters Chief Engineer Project Sampark addressed a letter (Annexure-PC) to the Civil Surgeon, District Kangra requesting him to examine the Petitioner and to give an opinion in case there appeared no reasonable prospects of the Petitioner to be ever fit to resume his duties. The Civil Surgeon was also requested to give the opinion in the medical certificate whether the Petitioner was permanently unfit for Government service. Copy of the letter was sent to the Petitioner advising him to report within two days of the receipt of the letter to the Civil Surgeon, Kangra alongwith history sheet of the treatment administered to him by the Medical Officer, Nurpur. It was further mentioned in the letter that request for leave would be considered only after receipt of the reply from the Civil Surgeon. It was also mentioned that in case the Petitioner did not report to the Civil Surgeon within the stipulated time, the desertion would be issued. According to the Petitioner there was no mention of the grant of financial assistance to him, in the letter.

(3.) The Petitioner was accordingly, taken to the Civil Hospital Dharamshala on November 16, 1982 where he was thoroughly examined by the Civil Surgeon, Kangra and was also prescribed treatment as per prescription (Annexure-PD). It is alleged by the Petitioner that Civil Surgeon, Kangra told him that the treatment had to be continued for three years. The Petitioner claimed that Civil Surgeon, Kangra must have sent his report to the Headquarters Chief Engineer Project Sampark, as requested vide letter (Annexure-PC) but the Petitioner did not hear anything from the Respondents. He therefore, sent an application dated January 5, 1983 to the Headquarters, Chief Engineer Project Sampark requesting him to grant him leave as there was no body else than his wife to lookafter him According to the Petitioner, he mentioned in the application that in case he gets epileptic seizure it might lead to a serious accident at any time and on this account it was not possible for him to report for duty. The Petitioner alleged that be requested the authorities that in case the leave could not be granted to him, he may be discharged on medical grounds and given the pensionary benefits. He received letter dated February 1, 1983 (Annexure PE) requiring him to report to Military Hospital, Pathankot, for investigation and treatment. It was mentioned in the letter that there was no provision to accept resignation on medical grounds unless Medical Board had placed him in category IV. The Petitioner alleged to have pointed out the authorities that it was inspite of great financial difficulty that he was taken to Civil Hospital, Dharamshala and he was not receiving his salary and on account of the medical expenses on his treatment, it was not possible for him to report to the Medical Board at Military Hospital, Pathankot. He made a request that his salary may be sent to him so that he might continue his treatment. He also requested for the grant of leave and made further request that in case leave could not be granted to him, he may be discharged on pension. The Petitioner's wife also sent an application to the authorities pointing out that the Petitioner was in a critical state due to disease and was not in a position to move out of his house. The Petitioner's wife received copy of letter dated March 9, 1993 (Annexure-PF) addressed by the Camp Commandant to the Incharge. Police Station, Nurpur, to provide an escort/assistance so that the Petitioner could be evacuated to the Military Hospital, Pathankot. But, according to the Petitioner, the Police did not take any action on this letter. Another letter dated July 28, 1983 (Annexure-PG) was addressed by Camp Commandant to the Petitioner stating therein that his excuse of having disease 'Grand Mal Epilepsy' for an indefinite period of absence was not free from doubt and needed to be examined He was again asked to report to the Military Hospital, Pathankot within a week of the receipt of the letter failing which, necessary disciplinary proceedings would be initiated.