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SHREE CHANDRASHEKHAR, NAVNEET KUMAR
State of Jharkhand – Appellant
Versus
Shiv Kumar Prasad S/o Mundrika Prasad – Respondent
JUDGMENT :
SHREE CHANDRASHEKHAR, A.C.J.
I.A No. 2341 of 2024
1. This interlocutory application has been filed under section 5 of the Limitation Act, 1963 seeking condonation of delay of 256 days in preferring L.P.A No. 501 of 2023.
2. In this application, the appellant has stated as under:
5. That thereafter the concerned section of the department after perusal of the records produced the file on 18.5.2023 before the Inspector General (Provision). He has directed to take appropriate steps with regard to order passed in the writ petition by the Hon'ble Court.
6. That thereafter the file forwarded to the concerned section, the concerned section communicated to the Superintendent of police, Latehar about the order passed in Writ petition on 30.5.2023. Thereafter, the concerned section placed file before the Higher official and it was decided to file appeal against the order dated 27.2.2023 on 17.6.2023.
7. That thereafter records and documents were obtained and given to the advocate for preparation of statement of facts and ground
The court upheld the writ direction for medical reimbursement to a government employee injured on duty, emphasizing equitable considerations and the need for fair administrative action.
The requirement of prior recommendation/reference from a Medical Board for reimbursement of medical expenses incurred in an out-of-state hospital is arbitrary and unjustified in emergent situations. ....
The obligation of the state to secure the welfare of its citizens, including providing adequate medical facilities, and the right to life, encompassing the right to good health, were the central lega....
In emergency medical situations, full reimbursement of medical expenses is mandated regardless of any imposed ceiling limits, emphasizing the right to timely medical treatment.
The main legal point established in the judgment is the need for a humane and flexible approach in applying the J&K Civil Services (Medical Attendance-cum-Allowance) Rules, 1990, especially in cases ....
The principles of administrative fairness mandate that decisions impacting individuals' rights must be reasoned, and arbitrary rejections are unsustainable under the law.
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