2025:CGHC:56637 Digitally signed RAGHVENDRAby JAT RAGHVENDRA JAT NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3119 of 2023

1 - L.K. Sharma S/o Baleshwar Sharma Aged About 55 Years Working As Faculty Member (Information Education And Communication) Thakur Pyare Lal State Institute Of Panchayat And Rural Development (Tpsiprd), Nimora Nava Raipur, Atal Nagar, Raipur, District - Raipur Chhattisgarh.

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through - The Secretary, Department Of Panchayat And Rural Development, Mantralay, Mahanadi Bhawan Atal Nagar Nava Raipur, District - Raipur Chhattisgarh.

2 - Secretary, General Administration Department, Mantralay, Mahanadi Bhawan Atal Nagar Nava Raipur, District - Raipur Chhattisgarh.

3 - The Director Thankur Pyare Lal Institute Of Panchayat And Rural Development (Tpsiprd), Nimora, Raipur, District - Raipur Chhattisgarh ... Respondent(s)

For Petitioner(s) : Mr. Vikas Dubey, Advocate.

For Respondent(s)/State : Mr. Rahul Tamaskar, G.A.

Hon’ble Mr. Justice Amitendra Kishore Prasad

Order on Board

20/11/2025

1. By way of this petition, the petitioner has prayed for following reliefs:-

“10.1 To call for the entire records of the case from respondents.

10.2 To set aside the order dated 10/4/2023 (Annexure P/1) passed by respondent no. 3.

10.3 To direct the respondents to consider the claim of the petitioner with respect to medical reimbursement as per rule 2(b) of the Chhattisgarh civil services (Medial Attendance) Rules, 2013.

10.4 To direct the respondents o pay interest 9% per annum on due amount of claimed medical reimbursement from the dated of application till actual disbursement.

10.5 To direct the respondent no. 3 to pay a lump-sum amount as compensation to the petitioner for delay in claim, harassment and mental agony to the petitioner as Hon'ble Court may deemed fit as per the facts and circumstances of the case.

10.6 Any other relief as the Hon'ble Court deemed fit in the fact and circumstance of the case.”

2. Brief facts of the case, is that, the petitioner is aggrieved by the order dated 10.04.2023 passed by respondent No. 3, whereby the petitioner’s claim for medical reimbursement has been rejected. The petitioner is working as a Faculty Member at Thakur Pyarelal State Institute of Rural Development, Nimora, Nawa Raipur, Atal Nagar, District Raipur (C.G.) on a contractual basis, and his father, who is suffering from cancer, is undergoing treatment at the All India Institute of Medical Sciences (AIIMS), Raipur. The Chhattisgarh Civil Services (Medical Attendance) Rules, 2013 are applicable to all contractual employees working under the State of Chhattisgarh, and accordingly, the petitioner submitted an application for medical reimbursement on 06.06.2020. As the application remained pending for a considerable period, the petitioner filed WPS No. 4288/2022 seeking an appropriate direction to Respondent No. 3 for early decision, and pursuant to this, the Hon’ble Court, by order dated 28.06.2022, directed Respondent No. 3 to decide the claim within 30 days in accordance with the 2013 Rules. Despite the clear direction, Respondent No. 3 failed to comply within the stipulated time, compelling the petitioner to file Contempt Case No. 119/2023, in which notices were issued on 02.03.2023. Thereafter, Respondent No. 3, allegedly annoyed by the initiation of contempt proceedings, rejected the petitioner’s representation with an ulterior motive by misinterpreting the Rules of 2013 to suit his own whims, holding that contractual employees who are not retired are not entitled to reimbursement; consequently, the petitioner’s claim was rejected on 10.04.2023. The impugned order is arbitrary, unjustified, unfair, contrary to the 2013 Rules, and therefore illegal, giving rise to the present petition.

3. Learned counsel for the petitioner submits that the petitioner, who

is working as a Faculty Member at Thakur Pyarelal State Institute

of Rural Development, Department of Panchayat, Nimora, Raipur

on a contract