Digitally signed 2025:CGHC:58479 by SHAYNA KADRI NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2256 of 2023

1 - Rajendra Prasad Tiwari S/o Lt. Uma Prasad Tiwari Aged About 52 Years Designation - Asi (Radio), Unit - Bhilai Zone, At - Police Radio Headquarter, New Raipur Chhattisgarh ... Petitioner(s)

versus

1 - State Of Chhattisgarh Through Director General Of Police, Police Headquarters Atal Nagar, Naya Raipur Chhattisgarh

2 - Additional Director General Of Police Police Headquarters, Atal Nagar, Naya Raipur Chhattisgarh

3 - Superintendent Of Police (Telecommunication) Bhiali Zone, Bhilai, District Durg Chhattisgarh ... Respondent(s)

(Cause-title is taken from Case Information System)

For Petitioner : Mr. Lukesh Kumar Mishra, Advocate For State : Mr. Devesh G. Kela, Panel Lawyer SB- Hon'ble Shri Justice Amitendra Kishore Prasad

Order on Board

02/12/2025

1. The petitioner has filed this writ petition seeking following reliefs :-

“10.1 Kindly pass appropriate order(s) and direct the Respondents to release the reimbursement sought by the petitioner at the earliest.

10.2. Any other relief/direction that the Court may deem fit in the facts and circumstances of the case.”

2. Facts of the case, in a nutshell, are that the petitioner is a Government employee presently serving as ASI (Radio) at Unit Bhilai, Police Radio Headquarters, under the respondent authorities. In 2015, the petitioner’s daughter suffered severe injuries in a road accident and initially underwent prolonged treatment at Raipur; however, despite years of medical intervention, her condition failed to improve satisfactorily. Consequently, the petitioner submitted an application on 27.05.2019 seeking permission to take his daughter to Yashoda Hospital, Hyderabad, for advanced treatment. Respondent No. 3, vide communication dated 30.05.2019, forwarded the petitioner’s application to the Joint Director-cum-Superintendent of Dr. Bhimrao Ambedkar Hospital for necessary consideration. It is noteworthy that Yashoda Hospital, Hyderabad, from where the petitioner sought treatment for his daughter, is duly included in the State Government’s approved list of hospitals situated outside Chhattisgarh. Further, acting on the petitioner’s request, the Civil Surgeon of the District Hospital issued a certificate on 04.09.2019 recommending and approving treatment expenditure amounting to Rs. 3,31,380/-. Despite these facts, the respondent authorities arbitrarily refused to grant medical reimbursement on the ground that the treatment obtained by the petitioner’s daughter did not qualify as an “emergency,” overlooking the petitioner’s timely application and the prior approvals granted by competent authorities. Aggrieved by the unjust denial, the petitioner has approached this Court by way of the present writ petition.

3. Learned counsel for the petitioner submits that, in terms of the medical reimbursement policies governing State Government employees, the petitioner is fully entitled to reimbursement of the medical expenses incurred for the treatment of his daughter. It is urged that the petitioner, being a low-wage employee, has suffered severe financial hardship solely due to the unjustified inaction of the respondent authorities. Despite the fact that Yashoda Hospital, Hyderabad is duly included in the State Government’s list of approved hospitals outside the State, the respondents have arbitrarily rejected the petitioner’s legitimate claim. Learned counsel for petitioner further submits that this Court, in Khuku Biswas v. State of Chhattisgarh, WPS No. 6240/2021, has reiterated that the right to health is an integral part of Article 21 of the Constitution, and that provisions relating to medical reimbursement must be interpreted liberally to ensure access to affordable and life- saving treatment. The Court in that case held that even in the absence of prior intimation within the prescribed 48 hours, post-facto sanction must be considered where the circumstances indicate an emergency or urg