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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
ALOK MATHUR, AMITABH KUMAR RAI
Chandra Choor Singh – Appellant
Versus
State Of U.P. Thru. Prin. Secy. Stamp And Registration Deptt. Lko – Respondent
JUDGMENT :
AMITABH KUMAR RAI, J.
1. Heard Sri Sumeet Tahilramani as well as Ms. Aahuti Agarwal, learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
2. The grievance raised by the petitioner in the present case is with regard to the rejection of the medical reimbursement claim made by the petitioner for the treatment given to his father, namely Rudra Pratap Singh, who was superannuated from the post of Deputy Registrar (II), Gorakhpur, in January 1994.
3. It has been submitted by learned counsel for the petitioner that the father of the petitioner was under treatment from 30.07.2017 to 16.08.2017 at Mayo Medical Centre Private Limited, Gomti Nagar, Lucknow, and thereafter from 16.08.2017 to 26.08.2017 at Midland Health Care and Research Center, Mahanagar, Lucknow. Due to his prolonged and serious illness, he passed away on 28.08.2017.
4. The petitioner, after collecting all the papers as required, made an application for reimbursement of the amount spent on the treatment of his father by submitting an application on 17.11.2017/18.11.2017 in accordance with the Uttar Pradesh Government Servant (Medical Attendance) Rules, 2011 (hereinafter referred to
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....
The central legal point established in the judgment is the interpretation of the eligibility criteria for medical reimbursement under the Chhattisgarh Civil Services (Medical Attendance) Rules, 2013,....
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 principles of administrative fairness mandate that decisions impacting individuals' rights must be reasoned, and arbitrary rejections are unsustainable under the law.
It is settled legal position that Government employee during his life time or after his retirement is entitled to get benefit of medical facilities and no fetters can be placed on his rights. It is a....
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....
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 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 ....
Denial of reimbursement for emergency medical treatment under CGHS violates constitutional rights and undermines the scheme's welfare purpose.
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