Heard learned counsel for petitioner and learned Standing Counsel for respondents.
The instant petition has been filed praying for following main relief:
"issue a writ order or direction in the nature of mandamus commanding to the opposite party no. 2, 3 and 4 to ensure medical reimbursement on the basis of photocopy of Bills, in the interest of justice."
The case set forth by the petitioner is that the petitioner had submitted the original bills for the purpose of grant of medical reimbursement amounting to Rs. 6,22,811/- with the department. When the reimbursement was not made he was constrained to file Writ Petition no. 5610 (S/S) of 2012 in re: Umakant Dixit vs State of U.P. & others. The said petition was disposed of vide order dated 12.10.2012, a copy of which is annexure 1 to the petition directing the respondent no. 3 to consider and decide the pending representation of the petitioner in accordance with law.
Subsequent thereto the Senior Superintendent of Police, Faizabad passed an order dated 05.07.2013, a copy of which is annexure 3 to the petition, from which it comes out that he admits that the petitioner had submitted the original bills amounting to Rs 6,22,811/- which amount was spent on the medical treatment of the son of the petitioner. The same was contained in office file no. 356 of 2009 and was sent from the office at Faizabad to Chowki Darshan Nagar Thana Kotwali Ayodhya where the office of the Additional Director, Medical is situated for being counter signed. However the same was misplaced by the concerned chowki which has resulted in departmental proceedings being initiated on the guilty employees. The order further indicates that as the medical reimbursement was not possible without countersigning of the said bills as such the petitoner was asked to submit the photocopy of the said bills after having them countersigned. As soon as the same is done the payment would be made.
Learned counsel for petitioner contends that after the original file has been misplaced by the respondents themselves and the petitioner was asked to have the duplicate bills countersigned in concerned hospitals, the petitioner approached the said hospitals namely the BNK Hospital and the SGPGI but both the hospitals informed that the said photocopies cannot be countersigned in the absence of the original file. He also claims to have informed the Senior Superintendent of Police, Faizabad through his application dated 22.03.2014, a copy of which is annexure 8 to the petition.
Learned counsel for petitioner further contends that once it is the respondents who have lost the file of the petitioner pertaining to medical bill reimbursement and now the petitioner has been asked to have the duplicate bills countersigned which has explicitly been refused by the concerned hospitals as indicated in paragraph 9 of the writ petition and a period of almost 12 years have been lapsed, consequently placing the burden on the petitioner for giving the duplicate bills after being countersigned would not be in the interest of justice as the respondents themselves are competent to have the bills verified at their own end by deputing a senior responsible officer for the purpose of the same so that the medical reimbursement can be made to the petitioner. He also argues that no premium can be placed by the respondents over their own negligence in having lost the office file pertaining to medical bill reimbursement of the petitioner.
On the other hand learned Standing Counsel, on the basis of averments made in the counter affidavit argues that the petitioner had already been asked to do the needful but to no avail and as such the present writ petition may be dismissed.
Heard learned counsel for parties and perused the record.
Admittedly from the perusal of the order dated 05.07.2013 issued by the Senior Superintendent of Police, Faizabad a copy of which is annexure 3 to the petition, it comes out that the original file of the petitioner bearing file no 356 of 2009 has been misplaced by the respondents themselves. Now the petitioner has been asked to have the duplicate bills countersigned, which as per the specific averment made in paragraph 9 of the writ petition, has been explicitly refused by the hospitals concerned. Thus this is a case in which the respondents are trying to put up premium over their own negligence and carelessness in as much as having lost the file the burden is sought to put on the petitioner of having the duplicate bills countersigned. A period of almost 12 years have been lapsed and the reimbursement is still to see the light of the day.
Considering the aforesaid the present petition is disposed of with a direction to the Senior Superintendent of Police, District Faizabad (now Ayodhya)/respondent no. 3 to depute a responsible officer to have the duplicate bills of the petitioner verified from the concerned hospitals. In case the bills are verified the payments shall be made to the petitioner. Let such verification and payment in pursuance thereof be made within a period of three months from the date of receipt of certified copy of this order. It is also provide that the petitioner shall again submit the duplicate medical bills while sending the certified copy of this order to the Senior Superintendent of Police, District Faizabad (now Ayodhya)/respondent no. 3.
Order Date :- 17.8.2021 J.K. Dinkar