Rajesh Kumar vs Union Of India And Ors

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.

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.

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.

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.

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.

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.

The petition is disposed of, alongwith the pending application.

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.