Abdul Razack V. The Union of India

WP/23319/1999

AI Insights

The case involves a writ petition filed by Abdul Razack under Article 226 of the Constitution of India, seeking various reliefs related to medical treatment under the Central Government Health Scheme (CGHS) for himself and his family members. The petitioner requested the court to direct the Assistant Registrar of the Income Tax Appellate Tribunal in Chennai to issue a temporary permit for medical facilities in Hyderabad and to direct the Additional Director of CGHS in Hyderabad to provide medical facilities pending the issuance of the permit. Additionally, the petitioner sought compensation for alleged negligence and misfeasance by the public servants involved. However, the court dismissed the petition as infructuous, citing the passage of time since the filing of the petition.

• Counselvise Citation: [2008] 140 COUNSELVISE.COM (IT) 724890 (HC-ANDHRA_PRADESH)
• Appeal Type: Others
• Pronouncement Date: 26-06-2008
• Assessment Year: misc
• Laws Referred To: Article 226 of the Constitution of India
• Result in Favour of: Revenue
• Court: HIGH COURT
• Department Lawyers: A RAJASHEKAR REDDY
• Assessee Lawyers: G S V SESHU
• Keywords: Central Government Health Scheme; Infructuous; Mandamus; Medical facilities; Writ petition; Temporary Permit

Judgement Text

"IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 23319 of 1999 Between: Abdul Razack Judicial Member H.No.6-3-629/1,Khairtabad Hyderabad. ..... PETITIONER AND 1 The Union of India Rep.by its Secretary Ministry of Health and Family Welfare Niram Bhavan New Delhi. 2 The Assistant Registrar Income Tax Appellate Tribunal Chennai Benches A-2,Rajaji Bhavan Besantnagar Chennai. 3 The Additional Director Central Government Health Scheme Kendray Swasthya Bhavan Begumpet Hyderabad. ....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to it is prayed as under: i) That this Hon'ble Court may be pleased to issue notice, call for records and issue a writ in the nature of mandamus or any other appropriate writ, order or direction ordering and directing the second respondent namely, the Assistant Registrar, Income Tax Appellate Tribunal, Chennai Benches, Besantnagar, Chennai to issue a temporary permit for a period of six (6) months to enable this petitioner and his family members namely, (i) Abdul Razack (ii) his wife Smt.Gulbanu Razack (iii) and his another wife Smt.Zehra Razack (iv) and his minor son Master Zubair Razack to take avail and utilise at Hyderabad medical facilities and treatment at the dispensaries/clinics and hospitals run and recognised by the first respondent under the supervision of the third respondent under the Central Government Health Scheme and the Rules, (ii) that pending issue of the temporary permit as prayed in (i) above, the third rsepondent namely, the Additional Director, Central Government Health Scheme, Begumpet, Hyderabad be ordered and directed to provide medical facilities and treatment as CGHS dispensaries and clinics at Hyderabad to the petitioner and his family members namely (i) Abdul Razack (ii) his wife Smt.Gulbanu Razack (iii) and his another wife Smt.Zehra Razack (iv) and his minor son Master Zubair Razack to refer their health problmes and ailments to medical specialists and consultants at various hospitals and nursing homes at Hyderabad recognised under the Central Government Health Scheme and Rules, (iii) to order and direct the second respondent to personally compensate and pay this petitioner a sum of Rupees Five Lakhs or any other sum or amount as this Hon'ble Court may deem fit and proper for causing serious inconvenience, grave mental and physical sufferance, agony, damage, harm, hardships and loss to this petitioner and his family members due to intentional negligence and misfeasance in performing statuary duties as a public servant and failing to issue temporary permit for medical treatment at Hyderabad under CGHS Rules, iv) to allow this petition with costs and to pass such other order. Counsel for the Petitioner:MR.G.S.V.SESHU Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : THE HON'BLE Mr. JUSTICE GHULAM MOHAMMED AND THE HON’BLE Mr. JUSTICE C.V.RAMULU W.P.No.23319 of 1999 ORAL ORDER: (per GHULAM MOHAMMED,J) None appears for the petitioner. Due to efflux of time, the cause in the Writ Petition does not survive for adjudication, as of now. The Writ Petition is, therefore, dismissed as having become infructuous. No order as to costs. _______________________ (Ghulam Mohammed,J) 26th June, 2008 _____________ (C.V.Ramulu,J) prk "