Janak Nandni Devi vs State of U.P.& Others

Shishir Kumar, J.

This writ petition has been filed for issuing a writ of mandamus commanding respondent no.2 to make the payment of medical reimbursement of the husband of the petitioner which has already been sanctioned by the State vide its order dated 19.5.2007, Annexure10 to the writ petition. The petitioner submits that in spite of the aforesaid sanction letter the payment has not been made. Even the Special Land Acquisition Officer vide its letter dated 30.5.2007 has also requested to make the payment. The petitioner submits that in spite of the repeated request and the representations submitted by the petitioner and the recommendations the payment is not being made.

I have heard the learned counsel for the petitioner and the learned Standing Counsel. In spite of the time granted, no counter affidavit has been filed, therefore, with the consent of the parties, the present writ petition is being disposed of finally without inviting any counter affidavit as the limited question involved in the present writ petition is that the amount which has already been sanctioned by the State Government, has not been paid to the petitioner.

In the facts and circumstances of the present case as the matter relates to the medical reimbursement of the husband of the petitioner who has already expired, the State Government has earlier sanctioned the said amount but it could not be paid then finally the said amount was sanctioned by the State Government by the approval of the Governor dated 19.5.2007. A copy of the same has been annexed as Annexure10 to the writ petition. In spite of the aforesaid sanction by the State Government and the letter of the Special Land Acquisition Officer, Gorakhpur dated 30.5.2007, Anneuxre11 to the writ petition, the amount has not been paid. Therefore, in the opinion of the Court the action of the respondent no.2 who is the authority immediate to make the payment, cannot be appreciated. Therefore, this Court is of the view that this writ petition be disposed of without counter affidavit directing the competent authority to make the payment to the petitioner which is due to the petitioner in lieu of the medical treatment of her husband.

In view of the aforesaid fact the present writ petition is disposed finally directing respondent no.2 to ensure the payment to the petitioner, already sanctioned in the year 2007 to the tune of Rs.1,08,079/ within a period of one month from the date of production of certified copy of the order. Further due the carelessness on behalf of the respondent authority inspite of the sanction of the said amount by the competent authority, the amount has not been paid by respondent no.2, as such, I am of opinion that the petitioner is also entitled for interest at the rate of 10% per annum from 19.5.2007 till the date of payment.

With the aforesaid directions the writ petition is disposed of.

No order is passed as to costs.