Hon'ble Ritu Raj Awasthi, J.
Notice on behalf of respondent nos.1, 2, 3 and 5 has been accepted by the learned Chief Standing Counsel and on behalf of respondent no.4, by Sri Manish Kumar.
With the consent of the parties' counsel, the petition is being disposed of finally at the admission stage.
Learned counsel for the petitioner submitted that the petitioner had retired from the post of Additional District Judge, District Balia in November, 1996. The petitioner has claimed reimbursement with respect to his medical claim of the year 2005. The petitioner went to place his papers in the office of the District Judge, Bahraich, where he is residing after retirement, but the District Judge has refused the same, saying that such a claim can be reimbursed only from the place, from where the petitioner has retired, i.e. District Balia.
Relevant Para-3 of the Government Order is quoted below:
"3. Sewanivrit sarkari sewak evam unke pariwar ke aashrit sadasya tatha mrit sarkari sewak ke pariwar pension hetu ahar sadasya ki chikitsa vyaya pratipurti se dave sambadhit karyalayadhayksha ko athva us karyalaya mein prastut kiye jayange, jahan se wah sewanivrit hue ho."
Para-3 of the Government Order aforesaid says that the retired government servant and his dependents, family members and also family pension holders of deceased government servant can place their claim for medical reimbursement before the Head of Department of the concerned office or in the office from where the government servant has retired.
The aforesaid directives have been reiterated in the subsequent Government Order dated 9.8.2004 also.
The meaningful interpretation apart from the literal meaning of the aforesaid para would mean that a retired government servant can lay his claim for medical reimbursement at the place where he is residing, if there is any office of the Head of Department over there. He can also make such claim in the office from where he has retired. But this cannot be taken to understand that the claim of government servants or their dependents etc. for medical reimbursement can only be lodged at the place from where the government servant has retired.
A government servant after retirement settles himself at a place of his choice, which may not be the same place from where he has retired from service. The facility/privilege of reimbursement of the medical expenses that he incurred even after retirement would stand denied in many cases, if the government servants are required to lay all their medical claim from the place from where they retire.
Medical reimbursement has to be done immediately and promptly, so that the purpose of the same may not stand frustrated.
To give full meaning and effect to the benefit of medical reimbursement to a retired government servant and other persons eligible under the rules/government orders, we make it clear and provide that such a medical claim can be placed/put forward before the Head of the concerned office where the person concerned is residing and intents to submit his claim, or also at a place from where the government servant has retired. This would be the choice of the person concerned. In case a government servant is retired from a different place and he lodges his claim at the place where he is residing, it will be the duty and responsibility of the said office/Head of Department to ask for necessary records and information, if any required from the place from where the government servant has retired and the office aforesaid would be under an obligation to provide all necessary details and documents to the office, where the government servant has applied for reimbursement. Care has to be taken that in such a case unusual delay may not occur, so that the purpose of the government order does not stand defeated.
For the reasons stated above, we give liberty to the petitioner to lay his claim alongwith a certified copy of this order before the District Judge, Bahraich, who would consider the same and act accordingly.
With the aforesaid clarification, the writ petition is disposed of finally, accordingly.
Dated: 01.10.2010 Sachin Let a copy of this order be sent to the Chief Secretary, Government of U.P. and the Accountant General, for necessary follow up action.
Dated: 01.10.2010 Sachin