Kailash Narayan Sachan vs U.P. Cooperative Sugar Factories ...
2012 Latest Caselaw 3989 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- SERVICE SINGLE No. - 4686 of 2012
 

 
Petitioner :- Kailash Narayan Sachan
 
Respondent :- U.P. Cooperative Sugar Factories Federation Through Managing
 
Petitioner Counsel :- Suresh Chandra Srivastava
 
Respondent Counsel :- Anurag Kumar Singh,Ram Pratap Singh
 

 
Hon'ble Ajai Lamba,J.

The petitioner by virtue of this petition prays for issuance of a writ in the nature of mandamus directing the respondents to release remaining amount of medical reimbursement in regard to treatment of his wife. 

It transpires that the petitioner is working in Sarju Sahkari Cheeni Mill Ltd., Belrayan, Lakhimpur Kheri.  Because the medical reimbursement was not being made  the petitioner approached this court by way of filing Civil Writ Petition No.2332 of 2011(SS), which was disposed of  vide order dated 28.4.2011 with direction to the Managing Director, U.P. Cooperative Sugar Factories Federation, Lucknow, to examine and decide the issue with respect to medical reimbursement for treatment of petitioner's wife.

In deference to order passed by this court, order dated 04.10.2011 has been passed vide which it has been stated that because the petitioner Sri Kailash Narayan Sachan is the employee of Sarju Sahkari Cheeni Mill Ltd., Belrayan, therefore, for medical reimbursements Sarju Sahkari Cheeni Mill Ltd., Belrayan, may make provision.

Learned counsel for the petitioner contends that the right of the petitioner to claim reimbursement arises out of orders, Annexure-2 and Annexure-4, because precedently medical reimbursement has been made.

Learned counsel for the respondent no.2 i.e. Sarju Sahkari Cheeni Mill Ltd., Belrayan, Lakhimpur Kheri, states that the petitioner is a daily wager and is continuing in service under interim orders passed by this court.  The petitioner is not entitled to medical reimbursement.

Sri Ram Pratap Singh, Advocate, has put in appearance for respondent no.1.

The petitioner is required to place on record the letter of appointment and the relevant service rules under which medical reimbursement is permissible to the petitioner.

 Let the case be listed, as and when the documents are filed.

Order Date :- 5.9.2012

A.Nigam