SITARAM MEHTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has approached this Court with a prayer for a direction upon the respondents to pay and release the reimbursement of medical expenses incurred on the treatment of the petitioner with interest @ 12 per annum.

(2.) The fact of the case in brief is that in the year, 2000, the petitioner was posted as Sub-Inspector of Police in Doranda Police Station and on 28/12/2000, the then Deputy Superintendent of Police, Hatia was killed. In order to control communal problem, the petitioner was deputed at Rajendra Chowk within Doranda Police Station. In course of saving the then Deputy Superintendent of Police, Hatia, the petitioner also sustained injuries on different parts of his body. Thereafter, he was admitted in AIIMS, New Delhi for his treatment. Even after remaining for long time in AIIMS, the petitioner could not recover fully. It is further the case of the petitioner that in the month of February, 2013 the petitioner fell seriously ill and accordingly, he was admitted in RIMS, Ranchi and in course of treatment as on 20/5/2013, the Doctor detected that the petitioner was suffering from Cancer. Accordingly, he was referred to Tata Memorial Hospital, Mumbai. Thereafter on 30/5/2013, the petitioner went to Tata Memorial Hospital, Mumbai and treatment of Cancer commenced. In course of treatment, the Doctor detected that the petitioner was suffering from Plasma Cell Leukemia, a type of Cancer and the only recourse of treatment is Blood Cell Transplantation cost of which was assessed to be not less than Rs.10.0012 lakh. Pursuant thereto, the petitioner on 21/9/2013, requested the respondent No.4 for release of Rs.10.00 lakh for the purpose of his treatment as advised by the Doctor. Subsequently, the petitioner was provided with a sum of Rs.8,00,000.00 through Bank Draft vide letter No. 881 dtd. 17/12/2013 which he deposited in Tata Memorial Centre, Mumbai on 19/12/2013. He was discharged from the said hospital on 30/12/2013. In the meantime, the Chairman, State Level Medical Board, Jharkhand, Ranchi also recommended the case of the petitioner for treatment at Tata Memorial Centre, Mumbai.

(3.) It is the further case of the petitioner that vide letter unde Memo No. 4007 dtd. 17/8/2013, the respondent No. 5 issued superannuation notice showing 31/1/2014 as the date of superannuation of the petitioner and accordingly, he was superannuated on 31/1/2014 during the course of his treatment. Meanwhile, on 12/11/2013, the petitioner made a representation before the respondent No.4 for medical reimbursement of Rs.2,45,790.12 incurred by him for the treatment done during the period from 8/5/2013 to 1/11/2013. After Blood Cell Transplantation, the petitioner was released on 11/12/2014. He is still under treatment. Again on 20/1/2015, the petitioner made a representation before the respondent No.4 for reimbursement of Rs.3,31,653.00 as against the total expenditure of Rs.11,31,653.00 by adjusting the advance payment of Rs.8.00 lacs. Aggrieved by the inaction of the respondents for reimbursement of Rs.3,31,653.00 despite several representations, the petitioner has been constrained to move before this Court for redressal of his grievances.