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2025 Supreme(All) 2918
IN THE HIGH COURT OF ALLAHABAD AT LUCKNOW BENCH
ATTAU RAHMAN MASOODI, SHREE PRAKASH SINGH, JJ.
U.P. Jal Nigam Rural and Another - Appellants
Versus
Tarun Kumar Sharma and Another - Respondents
Special Appeal Defective No. 280 of 2025
Decided On : 16-07-2025
Advocate Appeared:
For the Appellant : Aditya Mohan
For the Respondent: Ajay Kishor Pandey
The office memorandum lacking state approval cannot negate statutory entitlements to medical reimbursement under established rules, affirming that resolutions alone do not carry legal force.
Headnote:(A) U.P. Water Supply and Sewerage Act, 1975 - Sections 37 and 97 - Medical Reimbursement Rules, 2011 - Office Memorandum dated 06.06.2013 - Claim for medical reimbursement dismissed based on past office memorandum despite entitlement under applicable rules. (Paras 10, 18, 19)
(B) Legal principles - Prior approval of the State Government required for any regulation issued by the Nigam to be valid. A mere resolution cannot supersede statutory regulations unless properly sanctioned. (Paras 18, 19)
Facts of the case:
The respondents-petitioners filed a medical reimbursement claim for Rs.7,09,032/- after their mother suffered an illness in 2015. The claim was rejected in 2015 based on an unpublished office memorandum issued in 2013. Their father, a retired Jal Nigam engineer, passed away in 2025, having received no communication regarding the claim's status until his death.
Findings of Court:
The Court determined that the office memorandum was incorrectly applied to deny the claim, as it lacked the necessary governmental approval and contradicted established regulations.
Issues: Whether the office memorandum dated 06.06.2013 invalidated the respondents' medical reimbursement claim.
Ratio Decidendi: The Court found that the office memorandum, lacking prior approval from the State Government, cannot block the legal entitlement to medical reimbursement under the 2011 Rules.
Result: The special appeal is dismissed; the medical reimbursement claim is to be processed as per applicable rules.
| Table of Content |
|---|
| 1. judgment under challenge in appeal. (Para 2 , 3) |
| 2. claims for medical reimbursement filed. (Para 4 , 8) |
| 3. regulations for medical reimbursement framework. (Para 5 , 11 , 12 , 13 , 14 , 15) |
| 4. background of the petitioners' claims. (Para 6 , 7) |
| 5. arguments regarding admissibility of claims. (Para 9 , 10 , 19) |
| 6. requirement for state approval of regulations. (Para 17 , 18) |
| 7. court's decision to allow claims. (Para 20 , 21 , 22) |
JUDGMENT :
Shree Prakash Singh, J.
1. Heard Sri Aditya Mohan, learned counsel for the appellants and Sri Ajay Kishor Pandey, learned counsel for the respondents.
2. This intra-court appeal filed under Chapter VIII Rule 5 of the ALLAHABAD HIGH COURT RULES , 1952 has assailed the judgment/order dated 18.04.2025 passed in Writ Appeal No. 4204 of 2025 filed by the respondents-petitioners, whereby, the medical reimbursement claim for a sum of Rs.7,09,032/- admissible to them was disposed off in light of the judgment passed in Writ Appeal No. 2000284 of 2014 (Mohammad Aslam & Ors. Vs State of U.P. and Ors.).
3. Brief facts of the case are that the respondents-petitioners prior to filing of the present writ petition had filed a Writ-A No. 3641 of 2025 which was disposed of in terms of the following order dated 10.04.2025:-
"1. Heard Sri Ajay Kishor Pandey, learned counsel for the petitioners and Sri Madhav Om, holding brief of Sri Samir Om, learned counsel for the opposite parties.
2. At the very outset, Sri Om has informed that decision has been taken by the competent authority in the issue of the petitioners on 10.11.2015, however, copy thereof has not been addressed to the petitioners.
3. Copy of the aforesaid order has been provided to Sri Ajay Kishor Pandey, learned counsel for the petitioners. Sri Pandey has stated, on the basis of instructions, that copy of the aforesaid order has not been provided to the petitioners but that order will have to be challenged before this Court, therefore, he has requested that this writ petition may be dismissed being not pressed with liberty to the petitioners to file a fresh writ petition challenging the aforesaid order making other prayers.
4. Accordingly, this writ petition is dismissed being not pressed with the aforesaid liberty."
4. On the liberty having been granted in terms of the aforementioned order, the second writ petition assailing the order dated 10.11.2015 came to be filed before this Court with the prayer as under:-
"(i) issue a writ, order or direction in the nature of certiorari quashing the impugned claim rejection order dated 21.11.2015 annexed as Annexure no.2 with the memo of writ petition.
(ii) issue a writ, order or direction in the nature of mandamus commanding the opposite parties to reimburse the medical expenses bills and also pay interest on the delayed payment at the rate of 10% p.a. to the petitioner within stipulated time frame.
(iii) Award costs in favour of the petitioner and against the opposite parties and to pass such further or any such orders as may be considered just and proper in the interest of justice and in the circumstances of the case."
5. The Writ Court having regard to the rules and regulations applicable on the subject of medical reimbursement, has proceeded to dispose of the writ petition in the light of the judgement dated 13.02.2023, wherein, the statutory provisions applicable to the claims of medical reimbursement have been referred to and considered. This Court at the cost of repetition would also visit the legal position as under.
6. The respondents-petitioners' father late Shiv Kumar Sharma was a Member of Engineering Service in Jal Nigam, Lucknow who, on attaining the age of superannuation, retired from service in 1993 while holding the post of Divisional Engineer. There is no dispute with respect to the retiral dues admissible to the father of the respondents-petitioners.
7. It appears from the record that in the year 2015, the mother of the respondents- petitioners fell ill as a consequence whereof, she was rus
