- (1.) HEARD Sri Gaurav Singh, learned counsel for the petitioner and learned Standing Counsel for the respondents.
(2.) THE official procedural web can entrap a helpless employee and that too a retired employee to the extent of virtual optionless surrender and dejection, is well demonstrated by the facts of the case in hand. It is really strange that those, who are in office/ power, forget that one of the certainty of service is the date of retirement, which everybody will face unless God desire otherwise. Still, one in chair, do not feel ashamed in harassing his old colleague, senior or subordinate in office and rank, who had served the department for his entire energetic life and now, when the department is obliged to look after and take care of him in advanced age, he is made to face onslaught in the hands of his own younger colleagues or superior officers, in one or the other way, in so much so that it even exhaust his patience, but, with no respite. The petitioner, in the present case, whose date of birth is 5.2.1938, presently has completed 75 years of age. He has approached this Court invoking its extra ordinary equitable jurisdiction under Article 226 of the Constitution with a complaint about harassment in the matter of reimbursement of expenses, he has borne on medical treatment of himself.
(3.) THE petitioner, a ministerial member of service, retired on 29.2.1996 from the post of a Senior Clerk in the office of District Development Officer, Mirzapur. He suffered severe heart attack sometimes in the year 2004 and immediately was attended by a Cardiologist, Dr. U.S. Singh, at Mirzapur. After initial treatment and bringing his condition static, he was advised for further/better treatment to consult at Bombay Hospital and Medical Research Center, Mumbai (hereinafter referred to as "BHMRC, Mumbai") whereupon petitioner went under treatment of Dr. Kalyan H.Ayyer, Honrary Cardiologist, BHMRC, Mumbai. The petitioner underwent surgical treatment with installation of a "Permanent Pacemaker" in his body on 12.3.2004, by a team of medical experts headed by Dr. Trivedi and Dr. Kalyan H. Ayyer. Since the petitioner underwent treatment in emergent conditions, he borne entire expenses on his own. After discharge therefrom in April, 2004, he submitted a bill of Rs.1,31,000/ - for medical reimbursement, whereagainst respondents sanctioned and reimbursed Rs.1,26,289/ - vide order dated 3.12.2007, i.e. after a period of three years and odd.;