O R D E R

Per: Mr. Kumar Rajesh Chandra, Member (A):

1. Ld. Counsels for both the parties are present. Heard.

2. The instant Original Application has been filed by ld. Counsel for the applicant for the following relief:

i. PMG East Region Bihar, Patna R.O. letter no.Acctte/P(E)/Med/R.Bharti /Nalanda Dn. Dated the 26-05- 2017 rejecting the medical bills of applicant worth Rs. 4,68,046/- incurred in respect of treatment of his daughter Richa Bharti, by a non speaking order conveyed to him vide Letter No. MB-1/Misc/Ch li/12-13/ dated at Biharsharif 06- 06-2017, issued by Superintendent of Post Offices, Nalanda Division, Biharsharif as contained in, Annexure A/1, may be quashed and set aside.

ii. The respondent authorities may be directed to decide the claim of applicant for medical re-imbursement of bills amounting to Rs. 4,68,046/-incurred in respect of treatment of his daughter Richa Bharti, at the earliest in accordance law.

iii. Pass any order/orders, as the applicant is entitled and which may deem fit and proper.

3. The brief facts of the case, as per the instant OA, are that the applicant is aggrieved by rejection of his medical bills worth Rs. 4,68,046/- (Rupees Four Lac Sixty-Eight Thousand Forty-Six only)

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incurred in respect of treatment of his daughter Richa Bharti. This rejection has been done by a non-speaking order by the concerned

K P U O M O A JA R I DPOigOitJaAlly K sUigMneAdR bIy

authority vide PMG East Region Bihar Patna R.O. letter no.Acctte/P(E)/Med/R.Bharti / Nalanda Dn. Dated the 26-05-2017, conveyed to him vide Letter No. MB-1/Misc/Ch li / 12-13/ dated at Biharsharif 06-06-2017, issued by Superintendent of Post Offices, Nalanda Division, Biharsharif. (A copy of letter dated 06.06.2017 is marked and annexed as Annexure - A/1).

4. On 19 July 2017, the applicant preferred an appeal before the Chief Postmaster General, Bihar Circle Patna, praying consideration of his case sympathetically but till date his appeal has not been decided.(A copy of appeal of applicant dated 19.07.2017 is marked and annexed as Annexure - A/2).

5. Ld. Counsel for the applicant submitted that the applicant is an employee of Department of Posts, at present posted as Inspector of Post offices, East Sub Division Kahalgaon under Bhagalpur Postal Division.

6. He further submitted that the daughter of applicant namely Richa Bharti was suffering from Scoliosis, a dreaded disease and was under treatment in AIIMS, New Delhi. The applicant used to take necessary permission from the Department thereby giving information for and regarding treatment of his daughter. (A copy of applications of applicant regarding permission/information towards

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treatment of his daughter are marked and annexed as Annexure -

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A/3).

7. The daughter of applicant had undergone surgery at Ganga Hospital at Coimbatore on 10-08-2016 and cost worth Rs. 4,68,046/- (Rupees Four Lac Sixty-Eight Thousand Forty-Six only) was incurred in her treatment.

8. The medical bills of applicant are required to be considered in terms of rules and law on the subject. The applicant refers Order of Hon'ble Supreme Court dated April 13, 2018 in the case of Shiva Kant Jha Vs Union of India (A copy of order dated 13.04.2018 is marked and annexed as Annexure - A/6) as well as Order dated 30th October 2015 passed by Hon'ble Delhi High Court in the case of Yogesh Nirala & Ors. (A copy of order dated 30.10.2015 is marked and annexed as Annexure - A/7).

9. The applicant was expecting consideration of his genuine grievance but the same has been rejected by a non-speaking order as at Annexure A/1 and his appeal dated 19 July 2017 preferred before the Chief Postmaster General, Bihar Circle Patna as contained in Annexure A/2 is not being decided. It came to notice of applicant that the Department used to reject claims of medical re- imbursements and only after decisions of Hon'ble Courts the same is being released. The applicant

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