Patna High Court - Orders
Dukhran Sahu vs The State Of Bihar And Ors on 12 April, 2019
Author: Anil Kumar Upadhyay
Bench: Anil Kumar Upadhyay
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16893 of 2010
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DUKHRAN SAHU S/O Late Rajendra Sahu R/O Vill.- Hatwaria, P.S.-
Harlakhi, Distt.- Madhubani
... ... Petitioner/s
Versus
1. The State Of Bihar, Department Of Health, Govt. Of Bihar, Patna
2. Secretary, Department Of Health, Govt. Of Bihar, Patna
3. District Magistrate, Madhubani
4. District Welfare Officer, Madhubani
5. Superintendent, Indira Gandhi Institute Of Cardiology, Patna
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ratanakar Jha
For the Respondent/s : Mr. Gp12
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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY
ORAL ORDER
5 12-04-2019Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.
Petitioner has filed the present writ application for a direction to the respondents to ensure payment of medical assistance to the petitioner for which he is entitled to as he belongs below poverty line.
Learned counsel for the petitioner has drawn the attention of this Court to the statement made in various paragraphs that the petitioner was suffering from cardiac disease and he was admitted to Indira Gandi Instituted of Cardiology, Patna, and in advice of the doctor pace maker have been implanted in the body of the petitioner. The pace maker was Patna High Court CWJC No.16893 of 2010(5) dt.12-04-2019 2/3 implanted in the body of the petitioner on 13.10.2006, but the medical assistance and monetory assistance was not given to the petitioner although he belongs to the category of below poverty line. Unfortunately for nine long years, the respondents sat tight over the matter and they have not filed any counter affidavit. This case menifests that the beneficial schemes are only implemented in paper. The instant case is demonstrative of the fact that how beneficial schemes are only implemented in paper. If a welfare state adopts policy for the benefit of poor class and the benefit does not reach the poor than it is slur on the system. Particularly, when such issues are not even answered by way of filing counter affidavit in pending writ application. Time and again government have formulated policy for benefit and help to the poor people in the matter of treatment. Recently the government has formulated 'Ayushman Yojna' where medical treatment is covered is to the tune of Rs.5 lacs but all the schemes are only available for publicity, nobody bothered to see that the benefit actually reaches the people for whom such benefits have been formulated.
Considering the totality of the facts situation the Court is constrained to direct the Principal Secretary, Department of Health, Bihar, Patna to take appropriate decision on the issue of Patna High Court CWJC No.16893 of 2010(5) dt.12-04-2019 3/3 the petitioner and take final decision how to grant relief to the petitioner monetarily or by way of medical assistance. The writ application is accordingly disposed of with liberty to the petitioner to file representation before the Principal Secretary, Department of Health, Bihar, Patna alongwith a copy of this order within the fortnight and on submission of such representation the Principal Secretary, Department of Health, Bihar, Patna is required to consider the claim of the petitioner objectively and pass appropriate order and also to ensure necessary assistance i.e. medical as well as financial to the petitioner at the earliest.
With the aforesaid, the present writ application is allowed and disposed of.
(Anil Kumar Upadhyay, J) mdrashid/-
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