Sri Rajib Halder v. State of Tripura and 3 Others

Order 02/05/2024

Heard Mr. Debarun Singh Kunwar, learned counsel for the petitioner and Mr. Kohinoor N. Bhattacharyya, learned Government Advocate for the respondents-State.

Petitioner has approached this Court with a grievance that the respondents have not reimbursed part of the medical bills relating to cancer treatment of his mother at Narayan Hrudayalaya, Bangalore. Petitioner is a Junior Engineer of TES Grade-V(A) (Civil) officer in the office of SDO, PWD (R&B), Baikhora Sub-Division, South Tripura. Expenses towards treatment of his mother totaling Rs.8,58,585/- out of Rs.11,46,606/- and Rs.3,26,393/- out of Rs.4,28,362/- were sanctioned and paid. However, the balance amount of Rs.3.90 lakhs in respect of both the bills has been withheld without any reason. Petitioner has approached the Chief Engineer of PWD (R&B), Agartala vide his representation dated 23.12.2022 seeking sanction of the withheld amount as he has taken debts to undertake the medical treatment, but response is still awaited. Thereafter he has also made a

representation to the Deputy Secretary, PWD through proper channel for reimbursement of the part medical bills vide Annexure-2 dated 27.11.2023 which has also not been heeded to. Therefore, petitioner has approached this Court.

It is submitted that the respondent authorities may be directed to consider the representation of the petitioner in accordance with law and sanction the reimbursement of admissible medical bills incurred towards treatment of his mother for cancer.

Mr. Kohinoor N. Bhattacharyya, learned Government Advocate appearing for the respondents-State, submits that since the matter has been taken up for the first time, instructions are awaited. However, if so directed, the representation of the petitioner may be considered by the competent authority under the department in accordance with law.

On consideration of rival submission of the parties, it appears that reimbursement of substantial amount of medical bills have been made in favour of the petitioner towards treatment of his mother for cancer. However, petitioner has not received any response on his representation for reimbursement of the remaining amount of the two medical bills referred to above. In such circumstances, since the petitioner has already made a representation before the concerned authority which has not been acted upon, this Court at this stage deems it proper to direct the competent authority under the department to take a decision on the representation of the petitioner in accordance with law within a period of 12(twelve) weeks from the date of

receipt of copy of this order. It is made clear that this Court has not expressed any opinion on the merits of the claim of the petitioner.

The instant petition is disposed of.

(APARESH KUMAR SINGH), CJ

Pijush/ MUNNA SAHA Date: 2024.05.03 11:36:26 +05'30'

HIGH COURT OF TRIPURA AGARTALA WP(C) No.302 of 2024 Sri Rajib Halder .........Petitioner(s); Versus State of Tripura & others .........Respondent(s) For Petitioner(s) : Mr. Debarun Singh Kunwar, Advocate. For Respondent(s) : Mr. Kohinoor N. Bhattacharyya, G.A., Mrs. Riya Chakraborty, Advocate. HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH