A writ petition seeking payment for hired vehicles under the National Health Mission was disposed of by direction to the petitioner to file a fresh comprehensive application with the Chief Medical Officer for consideration within one month.
Petitioner directed to file fresh application; authority to decide within one month.
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Court No. - 32
Case :- WRIT - C No. - 12930 of 2019 Petitioner :- Jitendra Kumar Saxena Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Dharmendra Kumar Srivastava,Hari Prakash Mishra Counsel for Respondent :- C.S.C.
Hon'ble Shashi Kant Gupta,J. Hon'ble Saurabh Shyam Shamshery,J.
This writ petition, inter alia, has been filed for the following reliefs :-
"(i) A writ, order or direction in the nature of mandamus direct to the respondents to make the payment to the petitioner for car/vehicle hired by the respondent no.2 for the purpose of carrying National Health Mission Scheme.
(ii) A writ, order or direction in the nature of mandamus directing to the respondent no.2/3 to decide the representation dated 1.1.2019 of the petitioner by making the payment to the petitioner for car/vehicle hired by the respondent no.2 for the purpose of carrying National Health Mission Scheme."
Heard learned counsel for the parties and perused the record.
A perusal of the record shows that vide letter dated 27.11.2018, Chief Medical Officer has informed the petitioner that due to certain deficiency in the bills as submitted by the petitioner in regard to the payment of the rent of the vehicles provided by him, the authorities are unable to make payment to the petitioner.
Learned counsel for the petitioner submits that petitioner has already moved a representation dated 5.12.2018 before respondent no.2 explaining and requesting to release the payment of fair of the vehicles but till date, the payment
has not been made to the petitioner.
Considering the facts and circumstances of the case and without going into the merits of the case, we direct the petitioner to make a fresh comprehensive application before respondent no.2 - Chief Medical Officer, Etah, District Hapur, ventilating his grievances within 15 days from today along with a certified copy of this order enclosing therewith a copy of the writ petition and its annexures as well as a copy of letter dated 27.11.2018 and, if any such representation is made, the said authority shall make all endeavour to consider and decide the same, in accordance with law, expeditiously, preferably within a period of one month from the date of receipt of the said representation.
It is made clear that this Court has not yet expressed any opinion on the merits of the case and the concerned Chief Medical Officer shall decide the matter on its own merits.
With the aforesaid directions, the petition stands disposed of .
Order Date :- 31.7.2019 Rishabh
Jitendra Kumar Saxena
State Of U P
2 Others
Shashi Kant Gupta
Saurabh Shyam Shamshery
As recorded by the court registry
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