Hon'ble Dinesh Kumar Singh,J.
Mr. Shailendra Singh Rajawat, Advocate has accepted notice on behalf of respondent no.1 and Mr. Shubham Tripathi, Advocate has accepted notice on behalf of respondent no.2, as such, no steps are required to be taken for service of notices on respondents.
Heard learned Standing Counsel appearing on behalf of the appellants, Mr. Sushil Kumar Singh, learned counsel appearing on behalf of respondent no.1 as well as Mr. Shubham Tripathi, learned counsel for respondent no.2.
This intra court appeal has been filed under Chapter VIII, Rule 5 of Allahabad High Court Rules, 1952, challenging the judgment and order dated 25.01.2021, passed by learned Single Judge in Writ Petition No.6063 (SS) of 2017; Sunder Singh Solanki Vs. State of U.P. and others.whereby the writ petition preferred by respondent no.1 has been allowed and the impugned order dated 29.09.2016 has been set aside.
The special appeal has been filed with a reported delay of 166 days as on the date of filing of special appeal on 9.8.2021.The special appeal is accompanied with an application for condonation of delay supported with an affidavit.
The cause shown in the affidavit filed in support of application for condonation of delay is sufficient and more particularly considering the Apex Court's order dated 27.04.2021, passed in Misc. Application No.665 of 2021 in SMW (C) No.3 of 2020; Cognizance for Extension of Limitation Vs. XXXX, we find it appropriate to condone the delay.
Application for condonation of delay (C.M. Application No.96200 of 2021) is accordingly allowed. Delay in filing of special appeal is hereby condoned. Office is directed to provide a regular number to the appeal.
Order on memo of Special Appeal:
Learned Standing Counsel appearing on behalf of the appellants submits that the learned Single Judge has grossly erred in holding that the respondent no.1 is entitled to get the reimbursement of medical bills in terms of 'Uttar Pradesh Government Servants (Medical and Attendance) Rules, 2011'. It is submitted that the aforesaid Rules had come into force on 2.9.2011, whereas the accident had taken place on 26.07.2010, as such, the respondent no.1 was not entitled to get the reimbursement as per the said Rules. The respondent was entitled to get the reimbursement as per the Government Order dated 26.07.2001 and accordingly the amount of reimbursement of medical bills to the tune of Rs.1,48,340/- has been calculated and the same has been paid to the respondent no.1. It is also submitted that under the 'Uttar Pradesh Government Servants (Medical and Attendance) Rules, 2011' now a provision has been made for reimbursement of the entire medical bills in case the treatment has been made in a private hospital outside the State. It is submitted that since the said Rules are applicable prospectively i.e. after coming into force of the said Rules, as such, the respondent no.1 was not entitled to get the reimbursement of medical bills as per the said Rules.
Mr. Sushil Kumar Singh, learned counsel appearing on behalf of the respondent no.1, on the other hand, submits that the respondent no.1 is a police officer. He had met with an accident on road on 26.07.2010 while on duty of patrolling. The accident was so serious that the respondent no.1 was admitted to Trauma Centre in King George Medical University, Lucknow and from there he was airlifted to Indraprashtha Appollo Hospital, New Delhi, where he undergone the treatment and after a prolonged illness of approximately ten months, he was able to join his duties. It was not that the respondent no.1 on his sweet will had gone to the private hospital for treatment but it was only under compelling circumstances as the advance treatment was not available in the Government Hospital. It is also submitted that the State Government has framed 'Uttar Pradesh Government Servants (Medical and Attendance) Rules, 2011' for the purpose of reimbursement of the medical bills for the government employees as well as attendant after treating the earlier government orders being inadequate in this regard.
The submission is that once the provision is available for reimbursement of the amount as per the medical bills and the expenses incurred by respondent no.1, then it shall not be denied to him simply because on the date when the respondent no.1 met with accident the said Rules were not in operation.
We have considered the submissions made by parties' counsel and gone through the records.
We are of the considered view that the learned Single Judge has rightly taken the view that the amount of the medical bills of the respondent no.1 shall be paid in terms of 'Uttar Pradesh Government Servants (Medical and Attendance) Rules, 2011', particularly when the earlier government orders operating the field were not adequate to grant the reimbursement of medical bills and expenses incurred by Government Servants and the Government itself had framed these Rules for that purpose.
It is to be noted that the Government Servant cannot be denied the benefit of said Rules simply because at the time of accident the said Rules were not applicable. The 'Uttar Pradesh Government Servants (Medical and Attendance) Rules, 2011' shall be made available to all such cases where the reimbursement of the medical bills and expenses have not been settled by the Government and the decision is pending in this regard.
The special appeal, with these observations is dismissed.
.
(Dinesh Kumar Singh, J.) (Ritu Raj Awasthi, J.) Order Date :- 12.8.2021 Ram.