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4. Brief facts giving rise to this writ petition are that Sri Shiv Shanker Srivastava, the petitioner retired as Senior Auditor on 30.6.1993 from the office of Local Funds Account, Allahabad. He suffered a heart attack on 10.6.1995. On medical advise a permanent pace maker Simence Pace Setter Model 2040-T Serial No. 5140-62132 and Endo Cordial-G Model 1400-T Serial No. 044073252 Rs. 41,000/- was installed on the body of the petitioner. The petitioner submitted a medical claim of Rs. 44,277/- as the total cost of the pace maker and other medical procedures.

7. In July, 2003 petitioner Shiv Shanker Srivastava was advised to get pace maker replaced urgently as the machine had become old, as it was installed in 1995. In these circumstances, the petitioner filed this writ petition with the prayer to direct to respondents to re-reimburse the medical bills relating to the pace maker along with 18% interest. On 16.7.2003 this Court passed following orders;

" A counter affidavit has been filed by Sri Satendra Kumar Srivastava, Joint Director, Local Fund Account, Audit Department, U.P. Allahabad stating that petitioner's request for purchase of pace maker has been accepted on the recommendation of the Medical Specialist and for which a bill for a sum of Rs. 44,527/- was submitted to the State Government. The entire documents have been sent on 7.11.1996. The State Government has required the department vide its letter dated 9.1.1997 to send the original bills/vouchers for examination by the Additional Director (Chikitsa Upchar) Swasthya Bhawan, Lucknow and to submit the essentiality certificate counter signed by the Director General of Medical & Health. The Department has send the original bills/vouchers along with essentiality certificate to the Additional Director (Chikitsa Upchar) on 4.3.1997, and thereafter reminders have been sent on 12.9.1997, 28.10.1997, 30.11.1998, 3.7.1999, 22.12.1999, 6.1.2001 and 18.6.2003 but no response has been received from the office of Director General, Medical Health/Additional Director ( Chikitsa Upchar) Lucknow. It is contended that pace maker was installed in the year 1995 and it needs urgent replacement on receipt of payment of old pace maker which was installed in 1995, and in case petitioner does not receive the amount he will not be able to purchase new pace maker. Petitioner is facing serious financial difficulties.

9. Sri Shiv Shanker Srivatava died on 26.7.2004 due to heart failure. Dr. Gopal Ji Srivastava certified that Sri Shiv Shanker Srivastava died at his residence on 26.7.2004 at 08.10 AM due to heart attack. His son Sri Ajai Kumar has applied for substitution, which has been allowed.

10. The paragraph 11-A to 11-3 of the amended petition, the writ petition as follows:-

"11-A That due to inaction/action of the respondents above referred the medical claims of Shiv Shanker Srivastava (now deceased) was not paid to him consequently no replacement of pace maker could be possible due to paucity of funds by the petitioner from his own source. Ultimately Shiv Shanker Srivastava died due to heart failure on 26.7.2004. Dr. Gopal Ji Srivastava issued death certificate dated 28.7.2004. The true and correct photocopy and its typed copy of death certificate dated 28.7.2004 is filed as Annexare-I of this application.

14. The Court in its order dated 16.7.2003 made it absolutely clear that in case essentiality certificate is not given within a week of service of certified copy of this order upon the Director General, Medical & Health, U.P., he shall be held responsible for any untoward happening, which unfortunately happened.

15. The fact and circumstances clearly without any doubt demonstrate that the office of Director General, Medical and Health, UP. was responsible for delay of seven years in medical reimbursement of the pace maker, The petitioner could not get the medical reimbursement within his life time and on account of which new pace maker could not be installed and the petitioner in the meantime died due to heart attack. The office of Director General, Medical and Health, U.P. did not wake up inspite of the warning issued by the Court on 16.7.2003.