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Gujarat State Road Tranport Corporation & 1 ­

High Court Of Gujarat|16 October, 2012
|

JUDGMENT / ORDER

(Per : HONOURABLE MR.JUSTICE V. M. SAHAI) 1. We have heard Mr. N. M. Kapadia, learned counsel for the appellant. This Letters Patent Appeal has been filed challenging the order of learned Single Judge dated 22/08/2012, passed in Special Civil Application No. 10946 of 2012. The appellant was serving as a driver with the respondents and while on duty, he sustained head injury as he fell due to heart attack. He was admitted in the hospital and on 26/02/2006, he applied for medical reimbursement followed by reminders. The appellant's claim was rejected on 15/03/2007, according to the appellant. Thereafter, he made several representation to the respondents but to no avail. Counsel for the appellant urged before the learned Single Judge that his claim was not considered on the ground of Circular No. 1902 is applicable to the treatment of heart only.
2. Since the petitioner's medical report states that the petitioner suffered from hypertension, therefore, his claim had not been accepted.
3. The learned Single Judge has dismissed the writ petition on the ground of delay as the petitioner has consumed about more than four years in challenging the order dated 15/03/2007. Once the claim of the petitioner was rejected, it was always open to him to challenge it by filing a writ petition. Counsel for the appellant could not point out any rules or regulations under which, after the rejection of medical claim, any representation lies. In our opinion, the writ petition has rightly been dismissed by the learned Single Judge. We are not inclined to interfere with the order passed by the learned Single Judge. This appeal fails and is summarily dismissed.
[ V. M. Sahai, J. ] [ G. B. Shah, J. ] hiren
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Title

Gujarat State Road Tranport Corporation & 1 ­

Court

High Court Of Gujarat

JudgmentDate
16 October, 2012
Judges
  • V M Sahai
  • G B Shah Lpa 1237 2012
  • G B Shah
Advocates
  • Mr Nm Kapadia