HIGH COURT OF JAMMU AND KASHMIR AND LADAKH

AT JAMMU

OWP No. 1726/2015

IA Nos. 01/2015 & 01/2018

Reserved on:- 14.09.2022

Pronounced on:- 28.09.2022.

Bimla Ji Bhat and others

….Petitioner/Appellant(s)

Through :-

Mr. C.M. Koul, Sr. Advocate with

Mr. A.R. Bhat, Advocate

V/s

Union of India and others

….Respondent(s)

Through :- Ms. Pallavi Sharma, Assisting counsel vice

Mr. Ravinder Gupta, Advocate

Coram: HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE

JUDGMENT

01.

The present writ petition has been filed by the petitioners seeking a writ in

the nature of mandamus commanding upon the respondents to settle down

their medical claims (medical reimbursement) in respect of the treatment

provided to the deceased-husband of petitioner No. 1 and father of

petitioner Nos. 2 to 4. Besides this, they are also seeking relief of

compassionate employment to any of the legal heirs of the deceased-Shri

Maharaj Krishan Bhat.

02.

The present writ petition has been preferred by the legal representatives of

Sh. Maharaj Krishan Bhat, who was working as a Telephone Mechanic in

the Bharat Sanchar Nigam Limited (BSNL) at Kupwara, Kashmir.

03.

It has been averred in the writ petition that Sh. Maharaj Krishan Bhat was

the husband of the petitioner No. 1 and the father of petitioner Nos. 2 to 4

Sr. No. 68

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The case of the petitioner is that in the month of October, 2009 when the

deceased was performing his duties in Kupwara, Kashmir he got seriously

ill and was shifted to Government Medical College Hospital, Jammu.

Since his health condition continued to deteriorate, he was shifted to

Apollo Hospital, New Delhi in the Emergency Wing where doctors

attended him and he was advised certain tests to be carried out. Further

stand of the petitioners is that on the basis of all those tests conducted on

him, the deceased was diagnosed as suffering from blood cancer. It is

stated by the petitioners that since the family of the deceased did not have

enough resources to get him treated in the Apollo Hospital at New Delhi,

he came to be shifted to the All India Institute of Medical Sciences, New

Delhi (AIIMS) in a serious condition where he came to be admitted in the

Emergency Wing. Later on, the deceased came to be referred to the

Oncology Department of the Institute where the response of the doctors

towards the deceased was not good, as such, finding no alternative the

deceased was shifted back to Apollo Hospital, New Delhi for

Chemotherapy.

04.

It is averred in the petition that the petitioners have filed various

representations before the respondent Department from time to time for

providing them the medical claims (medical reimbursement) of the

deceased with all the details i.e. medical diagnosis, medical bills, etc and

also prayed for compassionate appointment of any of the family members

of the deceased. Further stand of the petitioners is that they have also filed

representation before the Minister for Communication and Information

Technology and also to the General Manager, Bharat Sanchar Nigam

Limited (BSNL), J&K Circle, Jammu, which were not accorded

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consideration and as such, the petitioners were left with no other option

but to file the present writ petition.

05.

Per contra, response has been filed by respondent Nos. 2 to 4 in which

respondents have taken a stand that as per the Policy guidelines regarding

Compassionate Appointment, there should be 55 or more net points for

consideration by the Corporate Office High Power Committee for

compassionate grounds but the petitioners scored 31 po