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1996 Supreme(Ori) 220
IN THE HIGH COURT OF ORISSA
Susanta Chatterji, Dipak Misra, JJ.
PRAFULLA KR. ROY - APPELLANT
Versus
STATE OF ORISSA AND OTHERS - RESPONDENT
O J.C. No. 8806 of 1995
Decided On : 13-12-1996
A promise made by one government should be acknowledged by the incoming government unless it is an abuse, and the change of political scenario is of no significance to an ordinary person of the State.
Headnote:
Promise - Government Promise - The court held that a promise made by the outgoing Chief Minister does not need to be rejected instantly by the incoming Chief Minister. The change of political scenario is of no significance to an ordinary person of the State. If there is really a promise by one Government, the other Government will acknowledge the same unless it is an abuse. The case was considered genuine and bona fide, and the Petitioner was entitled to the relief claimed.
Fact of the Case:
The Petitioner required immediate by-pass surgery due to blocked arteries. The then Health Minister made a representation to the Chief Minister for financial assistance from the Chief Minister's Relief Fund. The outgoing Chief Minister directed the Secretary to grant Rs. 1.5 lakhs for the operation at Appolo Hospital of the Petitioner.
Finding of the Court:
The court found that the promise made by the outgoing Chief Minister did not need to be rejected by the incoming Chief Minister due to a change in government. The court held that the Petitioner was entitled to the relief claimed and directed the State Government to release the fund of Rs. 1.5 lakhs within eight weeks.
Issues: The main issue was whether the Petitioner was entitled to the relief claimed despite a change in government.
Ratio Decidendi: The court held that a promise made by one government should be acknowledged by the incoming government unless it is an abuse. The change of political scenario is of no significance to an ordinary person of the State.
Final Decision: The writ application was accordingly disposed of, and the State Government was directed to release the fund of Rs. 1.5 lakhs within eight weeks.
JUDGMENT :
1. Heard Dr. M.R. Panda for the writ Petitioner in presence of Mr. N. Prusty, learned Addl. Government Advocate.
2. This writ petition tells a pitiable tale causing pathos in the mind who conducted the case and who have heard the case. Appreciating the financial constraint and the Cardiac trouble requiring treatment and operation the grievance of the Petitioner was considered by the then Minister of Health of the State of Orissa and by communication dated 4.6.1994 a representation was made before the then Hon'ble Chief Minister that the case of the Petitioner has been referred to the Appolo Hospital. Hyderabad. The angiogram report showed that two numbers of main arteris had been blocked, which needed immediate by-pass surgery. The expenditure towards by-pass surgery was about 1.5 Lakhs. The Petitioner had no source of earning to meet the expenses for by-pass surgery. The Health Minister hoped that if possible the Hon'ble Chief Minister would grant Rs. 1.5 lakhs out of the Chief Minister's Relief Fund for such operation. The note was placed before the Hon'ble Chief Minister and by his own handwriting he directed the Secretary to grant Rs. 1.5 lakhs for operation at Appolo Hospital of the Petitioner. A copy of the said communication is Annexure - 4 to the writ petition.
3. Considering the submission of both sides and regard being had to the peculiar facts and circumstances of the case we record that by the change of the Government the promise made by the outgoing Chief Minister does not need to be rejected instantly by the incoming Chief Minister. To a man on the street the Government remains. The change of political scenario is of no significance to an ordinary person of the State. If there is really a promise by one Government the other Government will acknowledge the same unless it is an abuse. This case as such is a genuine and bona fide. Scrutinising the entire matter in the proper perspective we are of the considered view that the Petitioner is entitled to the relief claimed by him and we accordingly direct the State Government to take all effective steps to release the fund of Rs. 1.5 lakhs within eight weeks from the date.
4. The writ application is accordingly disposed of.
Final Result : Dismissed
