LAWS(NCD)-2000-5-99

ASSOCIATION Vs. GENERAL MANAGER NORTH-EASTERN RAILWAY

Decided On May 10, 2000
ASSOCIATION Appellant
V/S
General Manager North-Eastern Railway Respondents

JUDGEMENT

(1.) By means of this complaint, the complainant has prayed for recovery of Rs.3,00,000/- as compensation on account of failure of operation, Rs.2,00,000/- on account of mental tension. He has also prayed for a sum of Rs.3,00,000/- for up-bringing the child.

(2.) The facts of the case, according to the complainant, are that he is a Class IV employee of N. E. Railway working as Peon. Mrs. Mayadevi is his wife. They are given free medical treatment from the Railway Hospital. According to the complainant, the facilities given by some hospitals and on the basis of documents submitted by the employee, reimbursement is done. Similarly the Railway has its own hospital end medical facilities which are made available to its employees. No medical allowance is given to the employees and in lieu of this allowance, free treatment is given. There is contribution of the employees towards these medical facilities.

(3.) The complainant had two sons and two daughters in the year 1991. The complainant No.3 was pregnant and had to delivery a child. Keeping in view the fact that the complainant could not bear the burden of more children, the complainant No.3 decided to get vasectomy done. For this purpose complainant No.3 was admitted in the hospital on 11.12.1991 in the N. E. Hospital at Badshahnagar. On 11.12.1991 a child was born and on 14.12.1991 the vasectomy operation was done. Complainant No.3 was discharged on 23.12.1991.