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2017 Supreme(P&H) 2836

RAJIV NARAIN RAINA
Taro Devi – Appellant
Versus
Chief Engineer, Guru Gobind Super Thermal Plant, Rupnagar – Respondent


Advocates:
For the Appellant:Mr. Sanjiv Roy, Advocate, for Mr. Tarunvir Singh Lehal, Advocate.
Ffor the Respondents:Mr. Mukul Aggarwal, Advocate.

JUDGMENT

Mr. Rajiv Narain Raina, J.:- The substantial question which arises in this second appeal is whether claim for medical reimbursement can be declined on the ground of delay in submitting the claim. The issue is not res integra and is covered by the Division Bench judgment of this Court in Baljinder Kaur v. State of Punjab and others, 2008 (2) SCT 820: 2008 (2) PLR 601 : 2008 (5) SLR 16. The Division Bench considered the question in the light of the Punjab Services (Medical Attendant) Rules, 1940. This Court held that medical reimbursement claim cannot be declined on grounds of delay in submitting claims and bills. Unnecessary objections raised by the State add to the miseries of the claimants which should be avoided and substantial justice done. If the department stands cussedly impenetrable, the image of the Government is spoiled. In that case as in the present appeal the claim was submitted by a widow for expenditure in the treatment of her deceased husband after recovering from the shock of death. The Court held that the question of limitation does not arise. In coming to the conclusion the Court applied the earlier dicta in Rajwant Kaur v. State of Punjab, 2001 (2) SCT 10





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