Rajbir Singh v. State Of Haryana And Others

 1

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Civil Writ Petition No. 24214 of 2022 (O&M) Date of Decision: 30.07.2025 Rajbir Singh .....Petitioner versus State of Haryana and others .....Respondents





 
 
 Present :

Mr. Vijay Pal, Advocate, for the petitioner.

Mr. Deepak Balyan, Addl. Advocate General, Haryana for the respondents.

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 The present petition has been filed invoking writ as well as supervisory jurisdiction of this Court under Articles 226/227 of the Constitution of India praying for the following reliefs:- "

                                          

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 2 2.

The petitioner, who is presently a senior citizen and has attained the age of superannuation, had filed this petition claiming medical reimbursement for his own treatment, for which he remained admitted in the Hospital from 19.09.2011 to 24.09.2011. The application for claiming medical reimbursement was filed by the petitioner with some delay on 07.05.2013 and thus the said claim merely on the ground of delay was rejected by the District Elementary Education Officer, Jind vide order dated 30.05.2013 (Annexure P-5) as well as Block Education Officer, Julana (Jind) vide order dated 25.06.2013 (Annexure P-6).

3.

State of Haryana has filed written statement and a perusal thereof indicates fair stand taken by the State of Haryana where executive instructions dated 11.12.2003 (Annexure P-9) have been reproduced which for ready reference and convenience are reproduced hereinbelow:- *  5                          ;    &   -    &

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A bare perusal of the aforesaid instructions reveal that even those claims which are submitted after 12 months, can be considered by the Health

 3 Department at the level of the Secretary of Administrative Department. The present claim for reimbursement was submitted after about one year by the petitioner.

5.

The claim for medical reimbursement, which is otherwise due to the petitioner, cannot be denied merely on specious ground of marginal delay since such right is directly linked to the right to life under Article 21 of the Constitution of India. More so the aforesaid instructions of the State of Haryana empower the competent authority to condone any delay in submitting medical claim.

6.

In view of the above, the impugned orders passed by the District Elementary Education Officer, Jind vide order dated 30.05.2013 (Annexure P-5) as well as Block Education Officer, Julana (Jind) vide order dated 25.06.2013 (Annexure P-6) are quashed with a direction to respondents No.3 and 4 to forward the claim of the petitioner for medical reimbursement along with all documents put up in the year 2013 before the Secretary of the concerned Department who in turn is directed to consider the aforesaid claim and pass a speaking order within a period of sixty days and communicate the same to the petitioner.

7.

It is needless to emphasize that if the claim is found to be genuine, then the due amount of reimbursement shall be paid to the petitioner within a period of 30 days, failing which the due amount shall carry interest at the rate of 18% per annum for the period thereafter.

8.

With these observations, the petition stands disposed of. (SHEEL NAGU) CHIEF JUSTICE 30.07.2025 ravinder Whether speaking/reasoned √Yes/No Whether reportable Yes/No√