IMPORTANT POINT
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.

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:

“4. That it is stated and humbly submitted that the appellant came to know about the order dated passed by this Hon'ble in W.P. (S) No. 4093 of 2014 on 17.05.2023.

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 of appeal on 3.7.2023. The same prepared and received by the appellant department on 10.8.2023.

8. That thereafter the Deputy Superintendent of police (Legal) forwarded it to the Inspector General (Provision) for necessary perusal. The same was further placed concerned officials for verification and thereafter placed before the Director General of Police and got approval on 21.8.2023.

9. That thereafter the officer was authorized to sworn the appeal and handed over along with all records to Government Counsel for filing the letters patent appeal on 2.9.2023.

10. That thereafter the letters patent appeal was drafted, affidavited on 9.9.2023 and filed on 12.9.2023.

11. That thereafter the Registry of this Hon’ble Court has pointed out certain defects and the same has been cured by the appellant.

12. That however, the appeal in the meantime has become barred by 256 days.

13. That the appellants state that the delay in filing the appeal was not intentional rather on account of procedural delay and taking final decision some extra time has been consumed by the appellant.

14. That the delay caused in preferring the memo of appeal has not been deliberate or intentional rather has been caused due to the official procedures, correspondences for the purpose of proper filing of the same before the Hon'ble Court.”

3. In view of the averments made in the application, we think that sufficient cause has been shown by the appellant-State of Jharkhand for condoning the delay of 256 days in filing this Letters Patent Appeal and, accordingly, I.A No. 2341 of 2024 is allowed.

L.P.A No. 501 of 2023

4. The State of Jharkhand has challenged the writ Court’s direction to reimburse the respondent no. 1 (in short, “the respondent”) for the medical expenses incurred by him in course of his treatment at different hospitals.

5. Dr. (Mrs.) Vandana Singh, the learned Sr. SC-III submits that the direction issued by the writ Court ignores the mandatory requirement under the Government instructions vide letter dated 15th September 2006 for medical reimbursement to a Government employee. The submission made by the learned State counsel is that the writ Court cannot issue a direction to the employer not to follow the applicable rules for medical reimbursement.

6. Before the writ Court, the respondent pleaded that in course of discharge of his duty he suffered life threatening injuries and was administered First-Aid at RIMS at Ranchi. Later, he availed treatment at Orchid hospital at Ranchi but on account of complications he was referred to the hospitals at Jamshedpur and Patna for treatment. Since the health condition of the respondent was not improving, he was taken to AIIMS at Delhi and thereafter he was treated at Max Healthcare at New Delhi between 15th August 2013 and 18th September 2013, as