IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 24.03.2026 Pronounced on: 13.05.2026 Uploaded on: 13.05.2026 Vidya Parkash Gupta ….Petitioner Versus The Hon’ble Punjab & Haryana High Court, and another ….Respondents CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI Present: Mr. Vaneet Soni, Advocate, for the petitioner.

Mr. Munish Kapila, Advocate, for respondent No.1.

Mr. Sahil R. Bakshi, AAG, Punjab.

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KULDEEP TIWARI, J.

1) The petitioner, by way of instant writ petition, as cast under Article 226/227 of the Constitution of India, prays for issuance of a Mandamus upon the respondents to release the remaining/balance amount of Rs.1,86,668/-, out of total expenditure of Rs.4,43,796/-, incurred by him on the treatment of his wife.

2) Shorn of the unnecessary detailed background, the facts germane for adjudication of the issue arises for consideration of this Court, are that the petitioner retired as Superintendent Grade-1, from the establishment of this High Court, on 31.01.1997. His wife, who was already suffering from multifarious health issues, fell in the bathroom on 22.08.2020, resulting in a thigh injury, and severe pain. Accordingly, the petitioner immediately took her to the General Hospital, Sector-6, Panchkula, where she was administered first aid. Thereafter, an ex-ray was conducted, which suggested that she suffered an ‘Inter-trochanteric (Left Femure), fracture, and required a surgical intervention. Since the General Hospital was not equipped with the facilities to undertake the required complex surgery, she was referred to a higher centre, vide referral/medical card (Annexure P-1). Whereafter, the petitioner, alongwith his son, took his wife to the Post Graduate Institute of Medical Education & Research, Chandigarh, for the required surgery. However, since the entire nation was reeling under the first wave of the pandemic (Covid-19), which confined the functioning of every hospital, she was not attended to by the doctors, for almost two hours. So much so, all the general surgeries were also suspended, during that period. In such a situation, and as his wife was screaming in pain, the petitioner was left with no other option but to take her to a hospital, where she could be operated upon, forthwith. Therefore, he took her to a private hospital at Sector-26, Panchkula, namely, Ojas Super Specialty Hospital, where she was operated upon, and remained admitted for 13 days, i.e. from 22.08.2020 to 03.09.2020, and the total expenses incurred on the treatment were worked out to Rs.4,43,796/-. Consequently, the petitioner submitted a detailed representation delineating his ordeal, appended therewith entire medical record, including bills, prescription etc., with the respondent authorities, for reimbursement. Whereupon, his case was processed by respondent No.1, in terms of the Punjab Services Medical Attendants Rules, 1940 (for short, ‘the Rules of 1940’), and letter dated 13.2.1995, vide which, it has been clarified that reimbursement of treatment undertaken in private hospitals is allowed as per the rates fixed by Director, Health and Family Welfare, Punjab, Chandigarh. Accordingly, only an amount of Rs.2,57,128/- was ordered to be released, thereby deducting Rs.1,86,668/-. That is how, the petitioner is before this Court.

3) Learned counsel for the petitioner, while narrating the factual backdrop, as referred to above, submitted that wife of the petitioner was admitted in the private hospital in an emergent situation, and not by choice. He further submitted that owing to the pandemic (Covid-19), the PGIMER was functioning in a restricted manner, and was not undertaking general surgeries, therefore, the petitioner was constrained to rush his wife to any hospital, where the required treatment could be administered. He asserted that a Government employee, during his lifetime, is entitled to reimbursement on account of medical expenditure and no fetters can be placed upon such right.

4) He contended that the issue a