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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
ATTAU RAHMAN MASOODI, PRAKASH SINGH
U.P. Jal Nigam Rural – Appellant
Versus
Tarun Kumar Sharma – Respondent
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. Cop
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.
The time period indicated in Rule 11 and Rule 16 of the Rules of 2011 is mainly directory and not mandatory in nature, and the rejection of a medical reimbursement claim should be in consonance with ....
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....
Medical reimbursement claims cannot be denied based on treatment at non-network hospitals, especially in emergencies, as necessity of treatment is paramount.
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 right to medical claim cannot be denied on technical grounds, and the factum of treatment should be the real test for honoring medical claims.
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.
Rule mandating medical reimbursement claims only by beneficiaries read down to include legal heirs where beneficiary dies or incapacitated without surviving eligibles, as otherwise arbitrary classifi....
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