IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.13304 of 2010
1. PRADEEP KUMAR S/O LATE UPENDRA BAHADUR SINGH R/O
VILL.- ANANDI PATTI, P.S.- PIPRA BAZAR, DISTT.- SUPAUL
Versus
1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY
REVENUE AND LAND REFORMS DEPARTMENT, PATNA
2. THE DEPUTY SECRETARY REVENUE AND LAND REFORMS
DEPTT. GOVT. OF BIHAR, PATNA
3. THE DIVISIONAL COMMISSIONER KOSHI DIVISION, SAHARSA
4. THE DISTRICT MAGISTRATE SUPAUL
5. THE SUB-DIVISIONAL OFFICER SUPAUL
6. THE DISTRICT TREASURY OFFICER SUPAUL
-----------
2. 23.11.2010 Heard learned counsel for the petitioner and
the State.
The petitioner is stated to be a Clerk in the
District Land Acquisition Department, Supaul. His
son is stated to be suffering from Cancer, and is
undergoing treatment at the Tata Memorial Hospital at
Bombay and which it is stated has saved his life. The
petitioner with his little means has incurred heavy
expenses and submitted bills for reimbursement. On
6.5.2008, the Deputy Director, Revenue and Land
Reforms Department addressed the District
Magistrate, Supaul acknowledging the submission of
bills and necessary papers but sought certain
clarification and further information. This was replied
to by the District Magistrate on 23.9.2008 with all
necessary information. The Revenue and Land
Reforms Department then forwarded all papers to the
2
Superintendent of Patna Medical College and Hospital
for cross verification. The hospital confirmed the
correctness of all documents and bills quantified at
Rs. 8,80,947/- but approved payment of Rs.
8,31,418/-. Learned counsel for the petitioner
submits that notwithstanding the passage of nearly
more than one and a half years, the actual payment
still remained elusive. The petitioner is already under
crushing burden of further ongoing treatment of his
son.
Counsel for the State prays for time to seek
instruction.
The urgency of life cannot succumb to
Government indolence. If the petitioner is not
reimbursed with the legitimate dues it need no
emphasis that given the serious aliment that the son
is suffering from matters could turn to his grave and
irreparable prejudice. Insensibility on part of those
concerned harping procedures does not appeal to the
Court.
This Court directs the Principal Secretary,
Revenue and Land Reforms Department to forthwith
examine matters and pay the legitimate dues of the
petitioner as medical reimbursement in accordance
with law within a maximum period of four weeks from
3
the date of receipt/ production of a copy of this order.
It is apparent from the communications of
the Deputy Secretary dated 30.5.2009, of the District
Magistrate dated 23.9.2008 and of the Patna Medical
College and Hospital dated30.5.2009 that the
petitioner has submitted necessary documents in his
possession and which have all been examined. If the
Principal Secretary desires any further information it
shall be his obligation and duty to ensure availability
of the documents from the concerned sources of
treatment, at the expense of the State Government so
that the legitimate dues are positively paid within the
period indicated by the Court. The petitioner cannot
be called upon to furnish any further documentary
evidence from the Tata Memorial Hospital, in view of
the report of the Patna Medical College and Hospital
dated 30.5.2009.
It is expected that the urgency and the need
for sensibility of human life are aspects which shall
not be overlooked by the Principal Secretary.
The writ application stands allowed.
P. Kumar ( Navin Sinha, J.)