Court No. - 21
Case :- WRIT - C No. - 10759 of 2018 Petitioner :- Madhuri Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arun Kumar Mishra,Ashish Mishra Counsel for Respondent :- C.S.C.
Hon'ble Krishna Murari,J. Hon'ble Ajay Bhanot,J.
Grievance of the petitioner is that inspite of recommendation made by the District Magistrate for financial assistance for treatment of her husband, the matter is pending and no decision has been taken.
From the pleadings we find that while the husband of the petitioner was on election duty of the local body he suffered brain haemorrhage but no attention was paid to his medical condition and no medical care was provided. Thereafter, husband of the petitioner was shifted to hospital wherein was operated.
It is further contended that the various applications were made by the petitioner to provide financial assistance for the treatment but the matter remained pending. Ultimately, the District Magistrate vide his letter dated 5.11.2007 forwarded his recommendation to Special Secretary, Office of the Chief Minister, Anubhag-4 U.P., Lucknow, who was the competent authority to take appropriate decision in the matter. The grievance of the petitioner is that the matter is still pending at that end and no final decision has been taken till date.
Although we find the petitioner has approached this court with delay and laches but considering the fact that late husband of the petitioner was a poor Class-IV employee and had to undergo brain surgery involving expenses which learned counsel states were borne by the petitioner after taking loan from friends and relatives, we deem it appropriate to command the Special Secretary office of the Chief Minister, Anubhag-4, U.P., Lucknow to take appropriate decision on the claim of the petitioner forwarded by the District Magistrate vide recommendation dated 5.11.2007 within four weeks from the date of production of certified copy of this order.
It is made clear that decision shall be taken by the authority, concerned, on merits of the claim and in accordance with law without being influenced by any of the observations made hereinabove.
Accordingly, the writ petition stands finally disposed of.
Order Date :- 28.3.2018 Pramod