-”nk”L ‘ - HIGH COURT OF CHHATTISGARH AT BILASPUR ¥ , WRIT PETITION NO.671/2002 (Reference) Yashwant Sinha Vs. State of Chhattisgarh 85 ors. ORDER Per Hon. Fakhruddin,J : This petition has been registered suo mom as reference by this Court. Reply was called for and the State has flled the reply. 2. It is borne out &om the reply that on 20-01—2002, while the Superintendent of Police, Jashpur was carrying on a Naxalite operation, suddenly during the operation naxalites attacked the police paxty and dun'ng the light with the naxalites, Constable 484 Yashwant Sinha, the present petitioner, received a bullet injnry on his right leg below the knee. The said Constable (hereinafter referred to as the Member of the Force) was seriously injured in the said operation. First‘aid was given to him by the Company Commander. Thereafter he was rushed to the Holy Cross Hospital, Kunkun', Jashpur. It is contended that Orthopedic Specialist was not available there, therefore he was / l given primary tmatment and was rushed t0 Shishir Seva KEndra, Ranchi It is also contended that on 21—01-2002, Dr. Amit (uf: Mukheijee op€ratsd upon the injured leg of the Membsr of the Force. It is stated that due care was taken and two employees of the Police department were attending him. For initial expenses, Rs. 10,000/— was released by the Company Commander hem the Mess Advance, which was available to the Company Commander. It is further stated that on 14—02—2002, Dr. Mukhexjee discharged the Member of the Force and advised further bed rest. He was brought from Ranchi to Raipur by train and then he was sent to WC’ " his home town at Kopm, Rajim. 3. The reply further goes to show that subsequently the Member of the Force was got examined in M.M.I. Hospital, Raipur and the Doctors advised for another operation. It is stated that the Commandant sanctioned an amount of Rs. 15,000] - from the Mess Advance towards the expenses incurred during operation. During the operation, he was required to be given blood ‘O Positive’ and it was donated by Constable 353 Hukum Singh. On 06-03-2002, again he was operated upon and the Commandant was also present at the second operation. In the second operation, the blood was required. Constable 286 Mohd. Naseem \ and Constable 368 Uliyush Lakada donated the blood. It is also \\ \ stated that a Head Constable and a Constable were attending him mama «w» \\ .Amt \ and Asst. Commandant Shn‘ Avinash Shanna and Sub Major used to personally visit the hospital axld supervise the working of \ v the people attending upon the injured and used to report the matter to the Commandant. It is further stated that he was \L discharged fmm hospital on 18-03«2002. Reply further goes to i V show that on 07-04-2002, an information was received from the injured that the metal rod put on the right leg of him was to be sum 3a j i recovered on 16/4] 2002. He was required a sum of Rs.10,000[- and the department had assured that it would be made avai1ab1e. /\ It is stated that the injured had inculred an expenditure of about j Rs.35,000/ — on his treatment and chimed the reimbursement. So I far as the bills are concerned, the department informed that after j: the bills are received nom M.M.I. Hospital, it is only thereafter the department will be able to process the matter for reimbursement. j‘L/j 4. The State has come—forward with the case that so far as 1 hnancial assistance is concerned, unless and until the injured moves an application in writing and the bills are submitted, the department may not be able to render any financial assistance. It is stated that as per the rules prevailing, the injured person can, certincate, obtain an advance upto 80% of 3 on providing a medical the approximate estimate upon the treatment, This would require \ \ the injured to move an application with proper documentary \supports . Unless it is done, the police authorities would not be in a position to render any monitory assistant to the injured. It is further statad in the reply that in the instant case if any further monitory assistance is required towariis medical expenses and the injured has been asked to move an application in respect of the same along with medical certiflcate showing the rough estimate of the cost, that would be incurred and on the said application given by the injured he would be entitled for 80% of the said amount as advance for his medical treatment. 5, Shri Ravindra Shiivastava, Advocate General, Dr. N.K. Shukla, Addl. Advocate General, and Shn' Sanjay K. Agrawal, Dy. Advocate General, appearing for the State submitted that it is a case Where Shri Sinha, the Member of the Force, was a Member of the Naxalite Operation accompanied by the Superintendent of Police, Jashpur. He was on ofiicial duty. The naxalite problem in the State of,Qhhattisgarh and the adjoining States is such which is one of the problems requiring the attention of not only the respective States but also the Union of India, for which the Special Task Force is constituted. In the State of Chhattisgarh, the Members of the said Force are doing commandable job so far as naxalite problem is concerned. In the instant case, hrst aid was immediately provided to the Member of the Force, he was taken to the hospital at Kunkuri and as the Orthopedic Specialist \was not available there he was rushed to Shishir Seva Kendra, ?a Ranchi, where the operation was conducted. But, yet the operationewas not successful, he was again operated at M.M.I. Hospital at Raipur. 6. Constable Yashwant Sinha addressed the Court and submitted that he had to apply for loan fmm his G.P.F., which fact is not disputed by the department. The loan was granted but it took some time. The said amount was not enough. Then, he obtained the amount from his relatives. His father, who is a poor man, has also obtained the amount from his relatives. 7. Commandant of the Force present in the Court was asked regarding the situation. He submitted that he has joined recently. He submitted that the G.P.F. loan was applied for, which was granted. So far as nnancial assistance is concerned, as per rules it can only be given only after the bills are produced. 8 Learned counsel appearing as amicus curiae submitted that in the best hospitals like M.M.l., Appollo and others, the amount is required to be deposited first and theieafter the treatment starts. Sufficient fund has to remain in patient account and if the fund is not there, the treatment sometimes stopped and inatient is discharged for want of funds. In some hospitals, even when a person dies, dead bodies am not given unless the bills are cleamd . 9. Let this matter be examined by the State Government and the Central Government. be not provided equally the best medical treatment at the State If immediate properzrtreatment is not given to the injured, then he may be physically disabled or some causality may anse They further submit that 1f required the injured may expenses. be given best medical treatment and there should not be any t J discrimination between a Constable and fhe Highest Ofecer of the Force forming the operation because they all are part of a team or a group. If highest ohicer is entitled to get the best medical treatment, then why the lowest omcer is not entitled for such treatment. The lowest officer much more requires because his financial conditions are not such. His G.P.F. and other amount may not even be suilicient. It is the duty of the State to provide best medical treatment to the soldier, so that the killing instinct in him remains the same as it was. Learned counsel further stated that the persons involved in a naxalite operation have to be equipped with latest machines and weapons . 12. To keep the moial of the force high, State has to take certain actions and learned Advocate General assured that the State of Chhattisgarh is conscious of its responsibilities and would do utmost in the larger interest of the members of the force and specially in case like the present one. 13. At this stage, the petitioner submitted that in spite of the fact that he has received a bullet injury and is unable to walk, his moral is not down. He still has killing instinct. In fact while having tears in his eyes, he submitted what he is afraid of that he may be discharged norm his service as an invalid person. i l i 14. Though hiS moral is not down, even with this disability he wants to sexve and combat. It is at this juncture, Shri G,C. Pandey and Shri Ashok Das Vaishnav, learned counsel appearing as amicus curiae, addressed the Court that to keep the moral of the force high, and in the matters like the present one Where the member of the force has suffered injury and shown the courage combating with the naxalites, such persons should be provided best possible treatment at the State expenses, so that the persons engaged in the operation may devote themselves without bother that in case any mishap occurs, State is there to protect their lives or the lives of their dependants. It is contended by the learned counsel that unless the members of the force deployed for the operation have absolute conhdence on the question of getting mediéal treatment, it may ah‘ect moral of the force and the operation would not be successful. They further stated that the naxalite problem is not confined to one State. It has its base in various States concerned like Chhattisgarh, Jharkand, Orissa, Andhra Pradesh, Madhya Pradesh, Uttar Pradesh, West Bengal and Bihar, for which not only'the State Government but also the Union of India require attention. It is stated that so far as State of Chhattisgarh is concerned, out of 16 districts, 8 districts namely Korea, Sarguja, Raigarh, Jashpur, Rajnandgaon, Kanker, Bastar and Dantewada, are facing naxalite problem. t 15. At this stage, lealned Advocate General submitted that the State of Chhattisgarh in its bid to &eed naxalite aifected districts namely Korea, Sarguja, Raigarh, Jashpur, Rajnandgaon, Kanker, Bastar and Dantewada has launched massive combing operation. It is pointed out that the problem is not confined to this State but there are eight other States infested, namely, Madhya Pradesh, Andhra Pradesh, Bihar, Jharkhand, Orissa, West Bengal, Uttar Pradesh and Maharashtra. The force has become operational in some areas of the State. It is further pointed out that these naxalites are suspected to have links with diherent sepalatist groups. It is also pointed out that the Central Government is also conscious. Learned Advocate General Very fairly stated that for source of operations against the naxalites in the area, joint police operations are required and for members of that joint po]ice operations certain safe—guards have to be provided and one of them has to be best possible medical treatment facility to the members of the operation. . The State will also frame a policy in the matters of persons involved in naxalites operations. He however submitted that for all this, due help from the Union of Hm gimp»? India and the Ministry ogHealth is also required. 16. It is for the State of‘Chhatlisgarh to take up the matter to \ the concerned department of the Central Government and this Court accordingly directs it to do so. \ \ \ 17. It is also pointed out by the Advocate General that in the naxalite infested distn'cts, the End-mines are made and as a result of its explosion, police personnel am killed and injured. To combat me heavily armed naxalites, State of Chhattisgarh has taken substantial measures. 18. As stated by the learned Advocate General and appreciated M by all, it is expected that in the matters of providing expertise :/ medical facilities, State of Chahttisgarh shall be pioneer State. The State may issue instructions and may have direct it arrangements with Militaxy Hospitals widely for such force till the policy is uamed. 9. Article 21 of the Constitution of India confers the protech'on of life and personal liberty, which reads as under : “2 l. No person shall be deprived of his life or personal liberty except according to procedure established by law.” Viewed in the context of the members of armed forces combating the heavily armed naxalites, this Articles is of much more importance. 1 \ ll 20. In case of a government employee, the Apex Court in the case of State of Puniab and others vs. Mohinder Singh Chawla and others reported 1'11 1997(2)SCC 83 has held that the right to health is integral to the right to life. Government has a constituu'onal obligation to provide health facilities. If the government sewant has sudered an ailment which requires treatment at a specialized approved hospital and on reference Whereat the government servant had undergone such treatment therein, it is but the duty of the State to bear the expenditure incurred by the government servant. The Apex Court dealt with the matter in para 4 of the judgment, which reads as under : “It is an admitted position that when speciali7ed treatment was not available in the hospitals maintained by the State of Punjab, permission and approval having been given by the Medical Board to the respondent to have the treatment in the approved hospitals and having referred him to the AIIMS for speciali7ed treatment where he was admitted, necessarily, the expenses incurred towards room rent for stay in the hospital as an ill—patient or an integral part of the expenses incurred for the said treatment. Take, for instance, a case Where an in—patient facility is not available in a speciali7ed hospital and the patient has to stay in a hotel while undergoing the treatment, during the required period, as certified by the doctor, necessarily, the expenses incurred would be an integral part of the expenditure incurred towards treatrnent. It is now settled law that right to health is integral to the right to life. Government \ \ \\ has a constitutional obligation to provide \ health facilities. If the Government servant has suffered an ailment which requires treatment at a specialized approved hospital and on reference whereat the government servant had undergone such treatment therein, it is but the duty of the State to bear the expenditure incuned by the government servant. Expenditure, thus, incurred requires to be reimbursed by the State to the employee. The High Court was, therefore, right in giving direction to reimburse the expenses incurred towards room rent by the respondent during his stay in the hospital as an in—patient.” 21. The Apex Court even in a case of an ordinary workman employed in Industry, who sun'ered from ailment requiring treatment of specialized in nature, applying the relevant provisions of Part IV of the direcn've principles of State Policy and especially Article 42 of the Constitution of India making provisions for just and humane conditions of work and maternity relief, so also Article 43 of the Constitution of India provides for Workers by suitable legislation or economic organization or in any other way, to all workers, agricultural, industrial or otherwise, work, a living wage, condin‘ons of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural Opportunities, has ensured safety and provided facilities and opportunities for health and vigor of the workman. The Apex Court has considered the matter in great detail in the case of Kirloskar Brothers Ltd. vs. Employees’ State Insurance reporte in wherein the Apex Corporation d AIR 1996 SC 3261, Court has held as under : “In expanding economic activity in liberalized ecomy Pan—IV of the Constitution enjois not only the State and its instrumentalities but even private indusuies to ensure safety to the workman and to provide facilities and opportunties for health and vigour of the workman assured in relevant provisions in part IV which are integral part of right to equality under Article 14 and right to invigorated life under Article 21 which are fundntal rights to the workman. Interpretation of the provisions of the Act, therefore, must be read in the light not only of the objects of the Act but also the constitutional and fundamental and human rigts to hereinabve.” 22. The circumstances appearing on the record show that the rules. provide reimbursement only when the person moves and applicau'on alongwith the documents and- submits the bills. The facts and circumstances of the present case go to Show that Constable comes nom lower middle class family. He himself tried to apply for withdrawal of G.P.F. amount. As the same was not sufhcient, he and his father obtained loan from their relatives to \get treatment in the hospital. \ \ \ \ no n i ame h o x \ \\ money from borrower and then get specia1i7ed treatment, which is \ \ \ 23. Learned AdvocatE General, appearing for the State, appreciated the spirit of the petitioner and the killing instinct Which he had and assured that so far as the amount which he has Withdrawn from the G.P.F‘. is concerned, the same shall be paid to the petitioner. Learned Advocate General further assured that the State would provide him best medical treatment, wherever it is available, so that he is again able to perform his {a duties as efhciently as he was able to do prior to receiving the injmy and the State has no plans to invalidate him. Commandant present in the Court also assured that he Will treat him as a member of his family. He stated that he wanted to give the best possible medical treatment to the injured but the rules and regulations have come in his way. 24. Let the State examine the entire matter. The operations are .IJ being conducted by the force and in such operations the State has to be prepared for it. While combating, the members of the force and God— V casualty also occur. may get injured casualty may With these old rules and regulations which have been referred to B and stated in the reply of the State and further referred to by the Commandant in the address may be good for normal but in a \ situation like the present one they do not appear to be useful. To \\\ expect a person who is injured to apply for G‘.P.F. and arrange the :tw 15- Iequjred, is something, which in fact may result in deprivation of life. State has not only to equip with latest aims and ammunitions including the land-mines resistant vehicles but also to have keep the funds with the Commandant or such other Oilicer deemed nt and proper for best possible medical treatment. So far as the present case is concerned, the facts that emerged from the reply filed by the Government themselves go to show that the amount hadto be arranged by the Constable either &om Withdrawal of G.P.F. or hnm borrowing. He has to pay it first in those hospitals and if the required amount is not deposited the treatment does not proceed and because of all that wrangle or complication results in deprivation of the best medical treatment. The facts of the present case are illustrative one and they may not be exhaustative. A situah’on can be visualized where a Constable is just at the beginning of career is deployed in operation duty and his G.P.F. or other assets may not be enough. Even if an injured person is having the property but he may not get the customer, some one has to arrange money on his behalf. There may be a problem Where a person had suffered head injury and was not conscious, in that situation how he could get the loan from G.P.F. or withdraw money even lying in some deposits here and there. State faced with naxalite problem has to consider all \ this and this Court hopes that the highest functionaries of both \\ Oentral or the State would look into the aspect of the matter as its their function. 25. So far as the present petitioner is concerned, it is directed that the best medical treatment, Wherever it is available, be provided to him on the State expenses and the amount which has been incurred bV him on his neatment be reimbuised to him. The similarly situated injured persons shall also be taken care of in the like manner till the policy is nnalized and after the policy is nnalized they shall be dealt with as per the policy framed. If situation warrants for treatment to the specialized hospitals, the appropriate government may issue necessary instructions. The Commandant or the area iii—charge may have the funds or the suitable instructions ale there to the hospital to treat the injured and not to discontinue the treatment because of the paucity of .funds. The State being welfare State shall do the needful. 26. Subject to the directions and observations made above, this pen'tion is disposed of accordingly. 27. Before parting, this Court- appreciates the assistance rendered by Shri Ravindra Shrivastava, Advocate General, Dr. N.K. Shukla, Addl. Advocate General and Shri Sanjay K. Agrawal, Deputy Advocate General, so also Shri G.C. Pandey and Shri -17 _ Ashok Das Vaishnav, leaxned counsel who appeamd as amicus curiae. This Court also appreciates the concerned coufespondcnt and the newspaper for taking the cause in n'ght perspective. 28. Certified copy as per rules and the copy of this order be given to the parties concerned fpliin’g’ ow SdF Fakhruddin Judge 9/5/2002