KANTI (DEVI) Vs. STATE OF U P THROUGH CHIEF SECY CIVIL SECTT LKO &
LAWS(ALL)-2018-2-302
HIGH COURT OF ALLAHABAD
Decided on February 08,2018

Kanti (Devi) Appellant
VERSUS
State Of U P Through Chief Secy Civil Sectt Lko And Respondents

JUDGEMENT

- (1.) Counter affidavit filed on behalf of the opposite party no. 8 is taken on record. Heard.
(2.) This is an unfortunate case where the son of the petitioner died without getting proper treatment of his disease (Cancer).
(3.) The facts of the case in brief are that the son of the petitioner Satish Kumar, who was 24 years old and was working as Mechanic on part time basis as informed by the petitioner who is present in person, was suffering from Lymphoma, which is a malignancy. It appears a request was made to the Chief Minister's Office on 24.04.2017 in the 'Janta Darshan'. Some noting was made thereon to the Chief Medical Superintendent, Sitapur. Thereafter, it appears that Late Satish Kumar appeared before the Chief Medical Superintendent, District Hospital Sitapur on 25.04.2017 in response to a telephonic communication by the C.M.S. on 24.04.2017 obviously in pursuance to the submission of the application in the Chief Minister's Office and on the said date he was examined by Dr. J.N. Singh and was advised to undergo further treatment at the SGPGI, Lucknow and was referred to the said hospital accordingly. The letter of the C.M.S., Sitapur dated 25.04.2017 which is addressed to the Incharge Officer, I.G.R.A., Sitapur mentions the aforesaid facts and it also mentions that the petitioner was advised to get an estimate of the expenses to be incurred in his treatment prepared from the SGPGI, Lucknow and to submit the same at District Hospital, Sitapur whereupon the requisite formalities including filling up the requisite form would be got done and financial assistance would be extended. In this manner the complaint submitted during Janta Darshan was partly disposed of. It appears thereafter, the petitioner along with her ailing son went to SGPGI, Lucknow and visited its Out Patient Department (OPD). The patient OPD record is annexed as Annexure No. 4 to the writ petition. As treatment of the said ailment involved substantial amount of money, therefore, in utter desperation after having visited various hospitals in this regard and having ultimately got himself discharged on account of lack of adequate funds for getting himself treated, the deceased son of the petitioner wrote to the Office of the Chief Minister begging for financial assistance. Though, the date of this letter is not known, the Court finds that on this last letter written by the deceased son, there is a noting at the top 'C.M.O. admit' which is dated 15.05.2017.;


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