Devendra Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 9396 of 2016 =================================================== Devendra Kumar Singh, Son of late Chandrashekhar Singh, Resident of Barahiya, P.S. Barahiya, District Lakhisarai. .... .... Petitioner.

Versus

1. The State of Bihar.

2. The Principal Secretary, Road Construction Department, Bihar, Patna.

3. The Deputy Secretary (Management Cell), Road Construction Department, Bihar, Patna.

4. The Superintendent Engineer, Central Circle, Road Construction Deparment , Patna.

5. The Superintendent Patna Medical College and Hospital, Patna. .... .... Respondents.

=================================================== Appearance :

For the Petitioner : Mr. Prabhu Nath Pathak, Adv. For the Respondents: Mr. Suddhu Kumar Singh, AC to SC 23 =================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 17-01-2017 Heard learned counsel for the petitioner and the State. Though, a copy of the writ petition has been served upon learned counsel for the State on 12.05.2016, no counter affidavit has been filed till date.

The grievance of the petitioner who was the Assistant Engineer, Central Circle, Road Constriction Department, Govt. of Bihar, Patna is that he had undergone treatment for nephropathy and hypothyroidism and was on dialysis from 2012 till the date of his retirement, i.e., 31.08.2013. After due sanction of the competent authority he had undergone treatment after which he has submitted his medical bills for reimbursement. Part payment of more than Rs. 5,00,000/- has been made to the

Patna High Court CWJC No.9396 of 2016 dt.17-01-2017 petitioner but Rs. 15, 32,228/- are still to be reimbursed to him. He has not got any communication from the competent authority despite representing them on several occasions. Since no counter affidavit has been filed, this Court would direct the Secretary, Health Department, Govt. of Bihar, Patna to examine the matter of the petitioner. In case petitioner's claim is found tenable then immediate steps for reimbursement of medical bills should be ascertained by him. If needed, he may ask the petitioner to submit the papers which are not found on record.

In view of the fact that the petitioner is suffering from serious ailment which requires huge investment for treatment, it is expected that the entire exercise would be completed within a period of three months from the date of receipt/production of a copy of this order. If the petitioner's claim is not tenable then a reasonable order would be required to be passed by him which should be immediately communicated to the petitioner. Accordingly, this writ petition stands disposed of. Vikash/- (Dr. Ravi Ranjan, J.) AFR/NAFR NAFR CAV DATE NA Uploading Date 23.01.2017 Transmission Date NA