Sunil Ambwani - (1.) -Heard Sri Krishna Mohan, learned counsel for the petitioner and learned standing counsel for respondents.
(2.) THE amendment application dated 21.3.2005 was allowed on 22.3.2005. THE petitioner has carried out the amendments and has filed the amended petition. On the same date, the time was granted to the learned standing counsel to file reply amended petition. THE respondent has not cared to file any reply nor have sought further time for that purpose. Sri Shiv Shanker Srivastava, the petitioner died on 26.7.2004 due to heart failure leaving behind only son Sri Ajai Kumar. The substitution application filed by Sri Ajai Kumar dated 31.8.2004 is allowed. The necessary endorsement shall be made in the array of the parties. Brief facts giving rise to this writ petition are that Sri Shiv Shanker Srivastava, the petitioner retired as Senior Auditor on 30.6.1993 from the office of Local Funds Account, Allahabad. He suffered a heart attack on 10.6.1995, On medical advise a permanent pace maker Simence Pace Setter Model 2040-T Serial No. 5140-62132 and Endo Cordial-G Model 1400-T Serial No. 044073252 Rs. 41,000 was installed on the body of the petitioner. The petitioner submitted a medical claim of Rs. 44,277 as the total cost of the pace maker and other medical procedures.
(3.) THE Director, Local Funds Account, Allahabad, forwarded the bills on 26.6.1996 for reimbursement to the Director/Additional Director (Medical Care) Swastha Bhawan, Lucknow, and on 7.11.1996 (Annexure-CA 1) the Joint Director, Local Funds Accounts, Allahabad, sent the application for medical claim of the petitioner along with original documents to Under Secretary, Finance (Local Funds Accounts) Department, Government of U. P. for orders. THE Under Secretary, Finance (Local Funds Accounts) by his letter dated 4.1.1997 returned the original bills/vouchers to be examined by Additional Director (Medical Care) Swastha Bhawan, Lucknow along with essentiality certificate on prescribed forms to be counter signed by the Director General, Medical and Health, U. P. Upon receipt of the letter from the State Government dated 4.1.1997, the Joint Director, Local Funds Accounts, Allahabad sent the original bills/vouchers to the Director (Medical Care) Swastha Bhawan, Lucknow along with covering letter dated 4.3.1997 with a request to send the approval to the State Government. At this stage the matter came to standstill. The documents were lying in the office of Director (Medical Care) Swastha Lucknow, from March, 1997 to June, 2003 (six years and three months). In between the Director, Local Funds Account, Allahabad sent number of reminders. Annexures-4 to 10 to the writ petition are these reminders dated 12.9.1997, 28,10.1997, 30.11.1998, 3.7.1999, 22.12.1999, 6.1.2001 and 18.6.2003.;