SHANKERLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the order dated 12. 4. 1999 passed by the learned single Judge in S. B. Civil Writ Petition No. 1135 of 1997 filed by the petitioner-appellant whereby the writ petition has been dismissed.

(2.) THE brief facts of the case are: that the petitioner- appellant at the relevant time was working as Upper Division Clerk in the Office of District Transport Officer, Hanumanagarh. After applying four days leave, he went to Delhi on 18. 6. 1996 alongwith his wife for some domestic work. This fact was stated in his leave application while in Delhi that on 19. 6. 1996, the petitioner's wife developed some cardiac trouble and, therefore, she was taken to Escorts Heart Institute and Research Centre, Delhi, an institution which is recognised for treatment of complicated heart ailments by the State of Rajasthan where she was admitted in Emergency with a diagnosis of DCM LBBB and (gross) congestive cardiac failure and EF 20%. She was stablized and her cardiac cath study, was performed and was advised for her open heart surgery costing approximately Rs. 2 Lakhs. THE petitioner-appellant moved an application from Delhi on the next day informing the concerned authorities that due to sudden cardiac problem, his wife has been admitted to Escorts Heart Institute and Research Centre, Delhi with complete details of treatment. He also moved an application for necessary sanction of an advance payment of Rs. 2 Lacs for medical treatment of his wife from Delhi on 25. 6. 1996 but the same was not granted to him. Since the health condition of petitioner's wife was deteriorating day by day and therefore, her open heart surgery was performed on 9. 7. 1996 and the total expenditure on medicines and operation came to Rs. 2,06,860/ -. Unfortunately the operation of the petitioner's wife failed and she died on 12. 7. 1996 in the Hospital itself.

(3.) DISSATISFIED with the impugned order dated 12. 4. 1999 passed by the learned Single Judge of this Court, the petitioner has filed the present special appeal.