Delhi High Court
Mr Rajesh Kumar vs Union Of India And Ors. on 6 March, 2018
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 509/2018 & CM No.2204/2018 (Stay)
MR RAJESH KUMAR ..... Petitioner
Through: Mr.James P.Thomas, Advocate
versus
UNION OF INDIA AND ORS. ..... Respondents
Through: Mr.Vivek Goyal, CGSC with
Mr.Harsh Pandit & Mr.Rajeev
Ranjan Shahi, Advocates
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
HON'BLE MS. JUSTICE PRATIBHA RANI
ORDER
% 06.03.2018
1. This order is in continuation of the order dated 13.02.2018, on
which date, learned counsel for the petitioner had stated that his
daughter has to undergo a spinal surgery at the AIIMS Hospital, Delhi
and the petitioner had submitted an application to the respondents for
release of money for his daughter's implant, as prescribed by the
attending doctor at the Hospital, which has yet to be released.
2. In view of the aforesaid submission, directions were issued to
the learned counsel for the respondents to check the status of the
petitioner's application.
3. Today, Mr.Vivek Goyal, learned counsel for the respondents
hands over a copy of the fax dated 05.03.2018, received from the
Department apprising that since the petitioner's case had been referred
to the CGHS wing, the representative from the office of the DIG
(L&C) (AOD) had visited the Ministry of Health and Family Welfare
for expediting the petitioner's request for early sanction of the amount
required for the surgery. It is further mentioned in the fax that the
earned leave for 219 days is due in the petitioner's leave account upto
30.06.2018.
4. Having regard to the fact that date for scheduling the surgery of
the petitioner's daughter can be finalized by the hospital only on the
required amount being deposited for the surgery, learned counsel for
the respondents is requested to contact the concerned officer in the
CGHS to ensure that the sanction request made by the petitioner is
expedited at their end and the amounts in question are released either
by direct remission to the AIIMS Hospital or in the alternative, to the
respondents No.2 & 3/ITBP at the earliest, for being deposited with
the Hospital.
5. As for the prayer made by the petitioner herein for cancelling
his Movement Order dated 08.01.2018, whereunder he has been
transferred from Chhawla Camp, Delhi to 16 Bn. at Leh (J&K), we are
not inclined to interfere in the said movement order issued by the
respondents, keeping in mind the administrative exigencies. Instead, it
is deemed appropriate to direct the petitioner to join his place of
posting forthwith. As and when a date is fixed by the AIIMS
Hospital, Delhi for conducting the surgery of the petitioner's daughter,
the petitioner shall make a request to the respondents for leave, which
shall be considered sympathetically.
6. Since the petitioner is being directed to join his place of posting
at Leh (J&K) forthwith, the respondents No.2 & 3 are directed to
depute an officer to pursue the matter with the Ministry and the
attending doctors at the AIIMS, Delhi to ensure that the money is
released at the earliest and deposited with the Hospital and a date for
the surgery of the petitioner's daughter be got fixed which shall in turn
be communicated to the petitioner at his place of posting.
7. The petition is disposed of, alongwith the pending application.
8. List on 24.04.2018, in the category of 'Directions', for learned
counsel for the respondents to convey the date of surgery of the
petitioner's daughter and status of release of the sanctioned amounts
by the CGHS.
HIMA KOHLI, J.
PRATIBHA RANI, J.
MARCH 06, 2018
'pg'
