High Court Of ChhattisgarhWPS/899/2014dismissed

Smt.Padma Shrivastava And ORS. v. State Of Chhattisgarh And ORS.

2015-12-03Hon'Ble Shri Justice Sanjay K. Agrawal3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 524 of 2014 Prabhat Tiwari S/o Ramesh Tiwari, Aged About 40 Years, Head Constable, District Crime Record Branch, Rajnandgaon, R/o Village Thakurtola, Ps & Post Office Somani, Distt Rajnandgaon (CG) ---- Petitioner

Versus

1. The State Of Chhattisgarh, Through: Secretary, Home Department, Mahanadi Bhawan, Naya Raipur, Manralaya, PS Naya Raipur, Distt Raipur (CG)

2. The Superintendent of Police, Rajnandgaon, P.S. Rajnandgaon, District-Rajnandgaon (CG)

3. The Director Health Education, Raipur Directorate, Purana Nurses Hospital, D.K.S. Bhawan, P.S. Civil Lines, Raipur, Tahsil and District-Raipur (CG)

4. The Deputy Director Health Education, Raipur Directorate, Purana Nurses Hospital, D.K.S. Bhawan, P. S. Civil Lines, Tahsil and District-Raipur (CG) ---- Respondents And WPS No. 899 of 2014

1. Smt.Padma Shrivastava W/o Late Shri P.K.Shrivastava, aged about 56 years,

2. Priyanka Shrivastava Daughter of Late Shri P.K.Shrivastava aged about 26 years

3. Piyush Shrivastava Son of Late Shri P.K.Shrivastava, aged about 24 years All are resident of Irrigation Colony, Baloda Bazar, Distt.Baloda Bazar, C.G.

---- Petitioners

Versus

1. State Of Chhattisgarh, Through: Secretary, Health & Family Welfare Department, Mantralaya, Mahanadi Bhawan, Naya Raipur (CG)

2. The Director, Medical Education Old Nurses Hostel, Near D.K.S. Bhawan, Raipur (CG)

3. The Director, Agriculture Krasi Nagar Lavandi, Raipur (CG)

4. The Deputy Director, Agriculture Baloda Bazar, District Baloda BazarBhatapara (CG)

5. The Assistant Sail Conservation Officer, Baloda Bazar, District Baloda Bazar-Bhatapara (CG) ---- Respondents For Petitioner :

Mr. S.C. Verma, Advocate in WP(S) No.524/2014 For Petitioners :

Mr.Sunil Otwani, Advocate in WP(S) No.899/2014 For Respondents :

Mr. D.R.Minz, Dy. Govt.Advocate in both cases. Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 03/12/2015 1.

These writ petitions relate to medical reimbursement. 2.

Smt.Seeta Tiwari, wife of petitioner-Prabhat Tiwari of WP (S) No.524 of 2014 and original petitioner namely P.K.Shrivastava of WP(S) No.899 of 2014 had suffered from cancer and succumbed to death. 3.

Additional return has been filed on behalf of the respondents/State on 12.10.2015 in WP(S) No.899 of 2014, in which it has been clearly stated that post-facto approval has been given for medical reimbursement amount incurred towards medical treatment and as such, these writ petitions have become infractuous.

Mr.Sunil Otwani and Mr.S.C.Verma, learned counsel appearing for the petitioners would submit that part of the amount has been sanctioned, therefore, closing this case, liberty may be given to the petitioners to claim the balance amount in appropriate proceedings at appropriate stage. 5.

The prayer appears to be fair and reasonable. 6.

While accepting the affidavit of the State Government, the writ petitions are disposed off reserving liberty in favour of the petitioners as stated earlier. No order as to cost(s).

It is hope that amount in question shall be disbursed expeditiously by the State Government taking into consideration the hardship which has been suffered by the petitioners herein.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) JUDGE B/-