Rajasthan High Court - Jodhpur
(Vivekanand Sharma vs . State Of Raj. & Ors.) on 28 May, 2015
Author: Gopal Krishan Vyas
Bench: Gopal Krishan Vyas
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
SB. CIVIL WRIT PETITION NO.7208/2012
(Vivekanand Sharma Vs. State of Raj. & Ors.)
Date of order : : 28.05.2015
HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS
Mr. Vineet Jain, for the petitioner.
Mr. N.S. Rajpurohit, Dy. Govt. Counsel. Mr. Rajvendra Saraswat, for the respondents.
The instant writ petition has been filed by the petitioner for following reliefs :-
"I. By an appropriate writ, order or direction, the communication dated 09.06.2010 (Annex.13) be declared illegal and be quashed and the respondents may be directed to release an amount of Rs.4,58,000/- alongwith interest @ 18% per annum to the petitioner from the date of submission of application till the date when the amount is actually paid."
In the reply filed by the respondents, it is stated that in view of the Circular dated 16.12.2009, the petitioner is not entitled for the amount claimed for surgery of Cochlear Implant.
In view of the fact that the said circular was made applicable w.e.f. 16.12.2009 and the petitioner is claiming the amount of expenses occurred prior to the said date, therefore, the denial of amount to the petitioner under the circular dated 2 16.12.2009 is not sustainable in law.
In view of above, the respondents are directed to decide the claim of the petitioner independently while ignoring the order dated 16.12.2009 within a period of two months from the date of receipt of certified copy of this order. The writ petition is disposed of in above terms.
(GOPAL KRISHAN VYAS), J.
arun/