The deduction of medical reimbursement based on funds received from a relief fund is arbitrary and unjustifiable.

JUDGMENT :

Ajay Mohan Goel, J.

By way of this writ petition, the petitioner has, inter alia, prayed for the following reliefs:-

“i. That a writ in the nature of certiorari may kindly be issued and the impugned order dated 22.01.2018, annexed with the instant petition as Annexure P-8 may be quashed and set aside.

ii. That a writ in the nature of mandamus may kindly be issued and the respondents be directed to release the amount of Rs 1,25,000/- (illegally deducted/recovered by the respondents from the petitioner after his superannuation) forthwith the along with interest.”

2. The petitioner is aggrieved by Communication, Annexure P-8 at Page 36 of the paper book, in terms whereof, the competent Authority has ordered that the medical reimbursement claim bills of the petitioner be paid after deducting an amount of Rs.1,25,000/-, which was received by him under the Chief Minister’s Relief Fund on 26.11.2012.

3. Brief facts necessary for the adjudication of this petition are that the petitioner was serving in the Police Department and he retired from the Department as an Inspector. Presently, he is aged 68 years. The son of the petitioner was diagnosed with chronic kidney disease/kidney failure in the year 2005 and he was advised Hemodialysis twice weekly. As per the petitioner, faced with these circumstances, which required a lot of expenditure, petitioner approached his Department seeking financial assistance, but he did not get any financial assistance from the Department to meet the expenses and treatment of his son. In these circumstances, the petitioner made a request to the worthy Chief Minister, who sanctioned an amount of Rs.1,25,000/- from the Chief Minister’s Relief Fund. The sanctioned order along-with Cheque is appended with the petition as Annexure P-2. Annexure P-1 are the documents appended with the petition, which demonstrate that son of the petitioner was undergoing his treatment at PGIMER, Chandigarh and the expenditure, which was determined as monthly expenses incurred on the ailment, was to the tune of Rs.35,000/- as in the year 2012.

4. The son of the petitioner lost his battle against his illness and died on 23.09.2021. The grievance of the petitioner is that now, in terms of the impugned order, from the medical reimbursement payable to the petitioner, it has been ordered that an amount of Rs.1,25,000/- which he received from the Chief Minister’s Relief Fund, be deducted.

5. Learned counsel for the petitioner argued that the fund was released in favour of the petitioner by the worthy Chief Minister as far back as in the year 2012 and the amount was spent on the treatment of the child. He submitted that during said period, no medical reimbursement was claimed by the petitioner. He further submitted that said amount was not enough for meeting the medical requirements of the deceased son of the petitioner and he thereafter continued to incur expenses till the death of his son and medical reimbursement thereof was sought from the Department thereafter. In these circumstances, he submitted that the impugned direction to the effect that the medical reimbursement be paid to the petitioner after deducting an amount of Rs.1,25,000/- is very very harsh for the reason that it is not as if the money which was received by the petitioner under Chief Minister’s Relief Fund was misused and used for some purpose other than the medical care of the child and further the petitioner is not seeking any windfall gain in terms of the medical reimbursement.

6. On the other hand, learned Deputy Advocate General referred to the reply filed by the State and submitted that as the deceased son of the petitioner had crossed the age of 25 years, therefore, he was not entitled for reimbursement and despite this, on extreme compassionate ground, the medical reimbursement bills of the petitioner were taken care of, but subject to the condition that the amount which he had received from the Chief Minister’s Relief Fund, was to be deducted from the same