Kanhaiya Parit v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19839 of 2016 =========================================================== Kanhaiya Parit S/o Late Ram Nagina Parit, Resident of Village- Lohaganjar, P.S. Assawn, District- Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary, Education Department, Govt. of Bihar, Patna.

2. The Deputy Secretary, Education Department, Govt. of Bihar, Patna.

3. The Director (Primary Education), Bihar, Patna.

4. The District Programme Officer (Establishment), Siwan. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Tej Pratap Singh, Advocate For the Respondent/s : Mr. Bijay Bhushan Prasad, AC to SC-13 =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 26-03-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The grievance of the petitioner in the present application is non-consideration of the medical bill for reimbursement of the petitioner for the expenses incurred during the course of treatment.

Learned counsel for the petitioner submits that amount of Rs.2,70,274/- has been spent on treatment and bill to that effect was

Patna High Court CWJC No.19839 of 2016 dt.26-03-2018 2/3 raised vide Annexure-4. The District Education Officer has forwarded the application on 19.9.2014. Thereafter, the respondents are sitting tight over the matter, no decision has been taken by the respondents. In the counter affidavit filed on behalf of respondent no.4, stand has been taken that certain document was called for from the Block Education Officer, Jiradai and the same has not been sent and due to non-co-operation of the Block Education Officer, Jiradai, decision cannot be taken on the claim of the petitioner for medical reimbursement.

In view of the above, this writ application is disposed of with a direction to the district Programme Officer (Establishment), Siwan to see that all the necessary documents within the domain of the District Programme Officer or the Block Development Officer, Jiradai for medical reimbursement is placed for appropriate decision within a maximum period of 60 days from the date of receipt/production of a copy of this order. In case, the Block Development Officer, Jiradai adopts dilly dally tactics. The District Programme Officer shall take all coercive step to ensure compliance of the direction of the superiors for deciding the claim of the petitioner. In the event, the payment is not made within a period of two months from the date of decision in this regard the entire claims will carry 9% interest which shall be born from the pocket of the

Patna High Court CWJC No.19839 of 2016 dt.26-03-2018 3/3 Erring Officer including the Block Education Officer, Jiradai. The said decision has to be taken by the respondents after giving opportunity of hearing.

With the aforesaid, this writ petition stands disposed of. (Anil Kumar Upadhyay, J) N.H./- AFR/NAFR NAFR CAV DATE N/A Uploading Date28-03-2018 Transmission Date