Mr. Kanwaljit Singh Ahluwalia, J. - (1.) Present writ petition has been filed under Article 226 of the Constitution of India praying that the impugned order dated 13.04.2016 (Annexure-1) and 21.07.2016 (Annexure-2), whereby application of the petitioner has been rejected and he has been denied advance towards medical expenses for treatment of wife, be quashed and set aside.
(2.) The petitioner initially on 11.12.2001 was appointed as a Driver on contractual basis on the rolls of Rajasthan State Road Transport Corporation. On 20.01.2005 the services of the petitioner were regularized with effect from 11.12.2004. A condition was laid in the regularization order that petitioner will undergo one year probation period.
(3.) Smt. Sumitra, aged 42 years, wife of petitioner has been diagnosed as patient of 'Acute Myeloid Leukemia', which is a life threatening disease. To save the life of wife of the petitioner, a surgery called 'Allogenic Bone Marrow Transplantation' has been proposed and same is to be conducted at Government Medical College and Hospital called SMS Medical College, Jaipur. Surgery of the wife of the petitioner has not been conducted as the petitioner is not able to deposit Rs.10 lacs in the Government hospital. Dr. Sandeep Jasuja, Associate Professor(Medical Oncology), Head- Medical Oncology and BMT, R.K. Birla Cancer Centre at SMS Medical College and Hospital, Jaipur on 02.04.2016 had issued a certificate giving estimate of the amount which is to be incurred by the petitioner towards 'Allogenic Bone Marrow Transplantation'. The said certificate is reproduced as under:- This is to certify that Mrs Sumitra 42 yrs, is suffering from CML transformed in to Acute Myeloid leukemia. The treatment of choice is Identical HLA Matched Allogenic Bone Marrow Transplant(after achieving remission. This facility of bone marrow transplant is available at RKBC, SMS hospital after HLA matched donor availability. The cost of Allogenic Marrow Transplant is apprx. 10,00,000 (Ten Lac's) Rs. Which May Increase or decrease depend upon complications. This cost will be utilized as follows: BMT and conditioning regims: 4 lacs Supportive therapy and Blood component therapy: 3 lacs GVHD prophylaxis and treatment: 3 lacs Dr Sandeep Jasuja Associate Prof (Medical Oncology) Head- Medical Oncology and BMT R.K. Birla Cancer Centre, SMS Medical College and Hospital Jaipur. ;