AMITAVA ROY - (1.) THIS case is yet another instance of unwarranted administrative sclerosis in disregard of the situational demands of urgency and sensitive human considerations. A timely, compassionate and realistic response of the concerned State authorities might perhaps have saved the petitioner, who helplessly ebbed out his life, pursuing his claim for reimbursement of his medical bills for treatment of his terminal disease of cancer. The petitioner, though, have expired and presently is not substituted by his heirs to pursue this proceeding, this Court does not feel hidebound by the technical rules of procedure in the exceptional facts and circumstances of the case to undertake this adjudication.
(2.) I have heard Mr. S. Chamaria, learned counsel for the petitioner and Mr. R.K. Bora, learned State counsel appearing for the Irrigation Department of the State and its Officers on record. The uncontroverted facts reveal that the petitioner had retired from the services of the Irrigation Department of the State (for short referred to as the 'Department'), on 31.10.2006, as the Additional Chief Engineer, Irrigation (Monitoring and Investigation), Guwahati. He was diagnosed of cancer in the year 2003 and was advised by the medical authorities of the State to attend the All India Institute of Medical Sciences or Apollo Hospital, New Delhi for further investigation and advanced treatment, which was not available in Assam. A referral medical certificate was issued on 24.12.2003 and he was discharged on 31.12.2003 on completion of the initial phase of treatment. As advised, he reported back to the said hospital in the year 2005 and in course of the checkup, he was diagnosed to be suffering from Metastatic Renal Carcinoma with attendant complicat-ions for which he had to undergo a surgery followed by radiations. This was in two stages from 13.09.2005 to 16.09.2005 and 25.10.2005 to 22.11.2005. He had to return to the Hospital on 13.07.2006 as the disease spread its tentacles and had to subject himself to further radiations and was advised to pursue the treatment in the following year. The hospital on 30.04.2007, after examining him, issued a certificate, where apart from elucidating the severity of the ailment, indicated that the cost of treatment for oral chemotherapy that was required, would be in the vicinity of Rs. 2.5 lacs per month. The certificate emphasised that the treatment as prescribed, was essential for his survival. The petitioner being woefully distressed, numbed and bewildered, had as the ultimate refuge represented before the head of his Department on 08.05.2007 fervidly praying for an amount of Rs. 15 lacs for his treatment at the earliest. A copy of the representation was also forwarded to the Director of Health Services, Hengrabari, Assam. As his appeal remained unresponded and time was running out, he reiterated his request on 18.05.2007. The respondents maintained their glacial indifference. The petitioner's earlier bills of medical reimbursement amounting to Rs. 4,47,116/-, incurred for his treatment during 2003 and thereafter, also remained unpaid. Incidentally, though, according to the petitioner, this amount was approved by the Director of Health Services, Assam and the Chief Engineer of the Department by his letter dated 15.11.2006, addressed to the Secretary, Government of Assam, Irrigation Department apprised the latter thereof, the payment was not released. The petitioner in his precarious state of mind and health on finding himself on the brink of death, thus, approached this Court for redress on 26.06.2007. This Court issued notice of motion on 28.06.2007 and the learned State counsel received the same on behalf of the impleaded respondents. This Court by the order of the even date, required the respondents to file their affidavit by the returnable date i.e. 01.08.2007, indicating the precise entitlement of the petitioner to medical reimbursement as claimed. On the basis of the materials disclosed by the learned counsel for the respondents, this Court on 09.08.2007, recorded that the Director of Health Services, Assam had issued the admissibility certificate for an amount of Rs. 4,47,116/-, on this account but in view of some discrepancies noticed by the Chief Engineer of the Department in the relevant bills, vouchers etc. submitted by the petitioner, the matter had been referred back to the Health Department for re-examination. This Court by its order passed on the same date, directed the Director of Health Services, Assam to scrutinise the revised proposal and decide on the admissibility of the petitioner's claim or any part thereof, within a period of 15 days. Incidentally, no affidavit by the respondents was filed. This Court, therefore, on 23.08.2007, directed the learned Standing counsel, Health Department to produce all relevant records, indicating the heads of claim sanctioned by the said Department, fixing 24.08.2007. On the next date i.e. 27.08.2007, the learned Standing counsel, Health & Family Welfare Department on the basis of instructions and the records, apprised this Court that on a scrutiny of the petitioner's claim, an amount of Rs. 4,41,595/-, was ascertained to be payable to him. The learned counsel for the Irrigation Department, having submitted that his amount has been subjected to further verification and recording the apprehension expressed by the learned counsel for the petitioner that he is in a very critical state and that the amount payable, if not disbursed immediately, it would be fatal for him this Court passed the following operative directions vide order dated 27.08.2007:- "In the above view of the matter, it is provided that the Irrigation Department, State of Assam, would release the aforementioned amount of Rs. 4,41,595/-, in favour of the petitioner within a week herefrom. As the said Department has some reservation with regard to the petitioner's entitlement for the said amount and according to it, the matter rests with the Health & Family Welfare Department for its response, it is made clear that the payment thereof, would be subject to the finalization of the process undertaken by both the Departments to ascertain the amount of reimbursement to which the petitioner is entitled in law. List again on 3rd of September, 2007."
(3.) THE learned counsel for the petitioner on the next date i.e. 03.09.2007, having submitted that the amount as ordered, had not been released, the case was re-fixed on 05.09.2007. On that day, the learned counsel, Irrigation Department, on instructions assured this Court that the payment in terms of the order dated 27.08.2007, would be positively made within four days therefrom. THE case was adjourned to 10.09.2007. On that day, the learned counsel for the petitioner produced a communication No. IGN(E) 165/2005/Pt./314, dated 05.09.2007 of the Under Secretary (E) to the Government of Assam, Irrigation Department, Guwahati disclosing the sanction of an amount of Rs. 3,68,537/-, as provisional medical reimbursement in favour of the petitioner. As the decision, contained in the aforementioned communication, was prima facie in non-observance of the directions passed in the order dated 27.08.2007, this Court directed personal presence of the Secretary, Government of Assam and the Chief Engineer, of the Irrigation Department on the next date i.e. 14.09.2007 to explain the above departure. On 14.09.2007, the learned counsel for the petitioner apprised the Court that he (petitioner) had expired the previous evening. Mr. Subrata Sarma, Secretary to the Government of Assam, Irrigation Department and Mr. Harendra Nath Basumatary, Chief Engineer, Irrigation Department, who were personally present in Court when confronted with the letter dated 05.09.2007, conceded that the decision to pay a lesser amount of Rs. 3,68,537/-, as provisional medical reimbursement for the petitioner was a result of an inadvertent reading of the order dated 27.08.2007 and undertook to take necessary steps for disbursement of the balance amount by 17.09.2007. They profusely apologized for their omission and lapse. This Court intensely appalled by the recalcitrant, indifferent and obdurate disposition of the concerned authorities of the Department, expressed its strong displeasure and disapproval of the manner in which the issue had been dealt with by them, and, very reluctantly accepted the unconditional apology tendered by the Officers present and directed a copy of the order be forwarded to the Chief Secretary of the State for information and necessary follow up action, fixing 21.09.2007. On that day, the learned State counsel representing the Irrigation Department, apprised that the balance amount in terms of the earlier order, had been deposited in the Treasury on 15.09.2007 and that in due course, the same would stand transited to the account of the petitioner. This Court reiterated its direction to forward a copy of its order dated 14.09.2007 to the Chief Secretary of the State, requiring the said authority to keep it informed with the steps taken pursuant thereto. The learned State counsel, thereafter, placed before this Court two intra-official communications between the Chief Secretary of the State and the Secretary, Irrigation Department. Whereas, by the one bearing No. CS/MISC/2007/83, dated 17.11.2007, the Chief Secretary of the State required the Secretary of the Department to initiate a process to fix the responsibility on the officer/officers for whose fault and negligence the inordinate delay in payment of the medical reimbursement bill of the petitioner had occurred, asking the latter to submit a report by 19.11.2007, the one being U.O. No. IGN (E) 165/2005/Pt/324, dated 19.11.2007 is a forwarding note by the Secretary of the Department accompanied by report as sought for.;