Court No. - 37
Case :- WRIT - A No. - 7138 of 2018 Petitioner :- Rajendra Kumar Saxena Respondent :- State Of U.P. And Anothers Counsel for Petitioner :- Amrit Raj Chaurasiya,Manoj Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J.
Heard Sri Amrit Raj Chaurasiya, learned counsel for the petitioner and the learned Standing Counsel appearing for the State-respondents.
By means of this writ petition the petitioner claims that he is a Head Operator in Police Radio Station, Bareilly. The petitioner had presented medical reimbursement bill, which has been rejected by order dated 11.1.2018 stating that the bill has been presented with ten days delay.
With regard to medical reimbursement there is a rule known as The Uttar Pradesh Government Servants (Medical Attendance) Rules, 2011 (in short the Rules). Rule 23 of the said Rules prescribes that normally the medical claim should be submitted within three months, otherwise the approval of the Secretary of the Administrative Department will be compulsory, who will decide regarding entertainment of the claim on merit of the case.
In the present case, it is the case of the petitioner that his treatment continued till 1.7.2017 on which date he was provided a fitness certificate, therefore, it cannot be stated that the bill was presented beyond time. Even if certain delay has occurred, the claim should not be rejected totally and the approval of the Secretary ought to have been sought as is required under the Rules.
In my view, mere delay in submitting the bill should not deprive the claim of reimbursement as the Rules itself contemplate that in case of delay, the approval of the Secretary of the Administrative Department is required.
The writ petition is disposed of with the direction to the respondent no.2 to look into the matter and pass appropriate orders in accordance with law, ignoring the minor delay in presenting the medical bill by the petitioner. The said decision shall be taken as far as possible, within a period of three months from the date a certified copy of this order along with a fresh representation is presented before the authority concerned.
Order Date :- 28.2.2018 SKM