Dr. Shashidhar Kumar v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19106 of 2021 ====================================================== Dr. Shashidhar Kumar, Male, aged about 47 years, Son of Shri Sushil Kumar Prasad, resident of Birbansi, Road no. 17, S.K. Nagar, P.O. G.P.O. P.S. Buddha Colony, Town and District - Patna, Proprietor- Uttam Nursing Home @ Uttam Nursing Home and Surgery Centre, Vaishali. ... ... Petitioner/s

Versus

1.

The Union of India through the Secretary, Ministry of Health and Family Welfare, New Delhi.

2.

The Secretary, Ministry of Labour and Employment, Government of India, New Delhi.

3.

The State of Bihar through the Principal Secretary, Department of Labour Resources-cum-Chairman, State Level Grievance Committee, Bihar Rajya Shram Kalyan Samittee, Niyojan Bhawan, Government of Bihar, Patna. 4.

The State Nodal Authority, Rastriya Swasthya Bima Yojna -cum-Executive Director, Bihar State Health Society, Patna.

5.

The District Magistrate-cum-Chairman, District Core Committee, R.S.B.Y. Vaishali at Hajipur.

6.

The Bihar Health Security Society through Chief Executive Officer, New Annexee Building, Old Secretariat, Patna.

7.

The Chief Administrative Officer, Bihar Health Security Society, Patna. 8.

National Insurance Company through its Managing Director, having its Head Office at 3, Middleton Street, Prafull Chandra Sen Sarani, Kolkata, PIN- 700071.

9.

Regional Manager, National Insurance Company, Regional Office at J42G Plus F76, Bir Chand Patel Path, R- Block, Patna, PIN - 800001. 10.

Medi Assist India TPA Private Limited through its Managing Director, having its registered office at Tej Building, 8-B, 2nd Floor, Next to Times of India Building, Bahadur Shah Zafar Marg, New Delhi, PIN- 110002. 11.

Medi Assist India TPA Private Limited through it Managing Director, having its Corporate Office at Park Road, Raj Bhawan Colony, Hazrat Ganj, Lukhnow, PIN- 226001.

12.

Monitoring Officer-in-Charge, Medi Assist India TPA Private Limited,

Patna High Court CWJC No.19106 of 2021(2) dt.22-03-2022 2/3 Branch Office C/o- B.P. Singh, House No. 98, Road No. 1 E, New Patliputra Colony, Patna, PIN- 800013.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Mohan, Advocate For the Respondent Nos. 1 & 2 :

Mr. Anshay Bahadur Mathur, Advocate For the Respondent No. 4 :

Mr. K. K. Sinha, Advocate For the Respondent Nos. 6 & 7 :

Mr. Shantanu Kumar, Advocate For the Respondent Nos.8 & 9 :

Mr. Durgesh Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 22-03-2022 Heard learned counsel for the parties.

The present writ petition has been filed for issuance of a writ of mandamus commanding the respondent State to disburse the required amount to the concerned Agency/Insurance Company to pay the balance due amount of Rs. 4,93,042/- to the petitioner as well to dispose of the representation dated 05.08.2019, filed by the petitioner.

Learned counsel appearing for the respondent nos. 6 and 7, at the outset submits that the representation of the petitioner, if pending, shall be decided within four weeks. No hyper technical objection shall be raised in order to ensure that the scheme floated by Union of India is implemented in letter and

Patna High Court CWJC No.19106 of 2021(2) dt.22-03-2022 3/3 spirit. Similar assurance has been given by learned counsel representing the Insurance Company.

If there is delay on part of any authority in delaying the matter, the respondent no. 1 shall be at liberty to impose punitive costs on such official.

The petition stands disposed off.

(Rajan Gupta, J) (Mohit Kumar Shah, J) P. Kumar/Anand Kr.

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