# Raghvendra Lal Srivastava v. Principal Secretary (Education) and another

- **Citation:** (2000) 2 ILRA 29
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2000
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/raghvendra-lal-srivastava-v-principal-secretary-education-and-another-39442
- **Pages:** 3

## Text

2All] Raghvendra Lal Srivastava V. Principal Secretary (Education) and another
29
decision afresh in accordance with law and
in the light of the observations made in this
judgment;

(2) Special Appeal No. 510 of 1998
succeeds and is allowed. The impugned order
passed by the learned Single Judge is set
aside. The matter is remitted to the
appropriate Single Judge Bench for decision
of the writ petition afresh in accordance with
law and in the light of this judgment; and

(3) Writ petition No. 35079 of 1999 is
disposed of with the directions that in case the
petitioner stakes his claim for compassionate
appointment as Asstt Teacher, his case will be
considered
by
the
Selection
Committee
referred to in regulation 105 of Chapter III of
the Regulations made in the U.P. Intermediate
Education Act. 1921 and the Notification
dated 2.2.95.

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By the Court

1. The Petitioner is posted as Senior
Assistant in the office of district Non Formal
Education Officer, Basti. He is a heart patient
He had to undergo open - heart surgery on
21.4.93. at Sanjay Gandhi Post Graduate
Institute of Medical Sciences, Lucknow (in
brief SGPGI ) He moved an application on
7.7.93 to respondent no.1through District
Basic Education Officer, Siddharth Nagar
claiming reimbursement of the amount spent
by him on open-heart surgery in pursuance
of
U.P.
Government
services
(Medical
Attendance) Rules 1946 He submitted original
receipts and documents in support of
expenses incurred in the operation. The
District Basic Education Officer forwarded
the letter to the Additional Director of
Education (Basic) Allahabad. When nothing
was
heard
the
petitioner
filed another
application on 24.9.93 which was forwarded
by the District Basic Education Officer,
Siddharth
Nagar
on
12.10.1993
who
forwarded it to Additional Director (Basic)
Allahabad to take appropriate action so that
the claim of the petitioner could be settled.
The Director of Education,. U.P., Allahabad
with reference to the letter dated 12.10.1993
wrote a letter on 25.1.1994 to District Basic
Education Officer, Siddharth Nagar asking for
the
records
of
petitioner
and
the
recommendation made by Director of Medical
Health and Family Welfare, U.P. The
petitioner along with letter dated 4.2.1994
INDIAN LAW REPORTS ALLAHABAD SERIES [2000
30
addressed to Director Medical Health and
Family Welfare, U.P. sent a photo copy of the
receipts and other documents relating to
surgery and expenses and prayed that he be
reimbursed. This letter was forwarded by the
Director to District Basic Education Officer,
Siddharth Nagar by letter dated 8.2.1994. The
Additional
Director
(Chikitsa
Upchar)
working in the office of Director, Medical
Health and Family Welfare, U.P. Lucknow,
by his letter dated 28.1.1995 recommended
payment of Rs.42,277=00 (Rupees forty two
thousand two hundred and seventy seven
only) out of Rs.60,445=05 claimed by the
petitioner, and this letter was sent to
Additional Director of Education (Basic),
Allahabad. The Assistant Director (Services),
Directorate of Education, U.P. Lucknow
wrote to respondent no. 2 by his letter dated
4.12.1996
for
expeditious
disposal
and
payment to the petitioner in accordance with
law. When no action was taken for more than
a year by respondent no.2 the petitioner sent
another letter on 2.2.1998 requesting for
reimbursement of his medical expenses. No
action was taken by the respondents inspite of
reminder dated 26.10.1998. Therefore, the
petitioner filed the instant writ petition for
issuing a direction to the respondents for
reimbursement of the petitioner's medical
expenses incurred by him in relation to openheart surgery at SGPGI as far back in 1993.

2. Learned counsel for the petitioner Shri
Salil Kumar Rai has urged that inspite of
recommendation having been made by the
Director of Health and Family Welfare, U.P.
Lucknow on 28.1.1995, the amount has not
been released by the respondents to the
petitioner arbitrarily. He, therefore, seeks a
direction from the court for the payment of
amount along with 18% interest. On the other
hand, Shri S.N. Srivastava learned standing
counsel has urged that for non-payment of
medical reimbursement to the petitioner the
respondents have already taken action and
two officers have been suspended. It has
further been stated in the counter affidavit that
duplicate
copy
of
the
letter
of
recommendation dated 28.1.1995 issued by
the Director was got prepared and the matter
has been referred to the State Government for
sanctioning the amount.

3. When the petition came up for
preliminary hearing before Hon'ble R.R.K.
Trivedi, J, he passed an order on 16.3.1999
directing the respondents either to pay a sum
of Rs.42,277=00 to petitioner or show cause
within three months. But no payment has been
made to petitioner. The respondents did not
show cause within three months. A counter
affidavit was sworn by the Assistant Director,
Series-2, Directorate of Education U.P.
Allahabad on 31.7.1999. The facts stated in
the petition are not disputed. The delay is
explained in paragraph 3 (iii) of the counter
affidavit
and
it
is
stated
that
the
recommendation and the letter of Assistant
Director of Education (Basic), Gorakhpur was
sent to the Director of Education U.P.
Allahabad on 19.7.1993 and it was received in
the office of Director on 2.8.1993 but due to
negligence of certain employees it was
misplaced.
Consequently
two
of
the
employees have been suspended and duplicate
copies have been sent on 12.5.1999 and
26.5.1999 and as soon as the sanction is
received from the government the payment
shall be made.

4. There is no dispute that the petitioner
under the rules is entitled for reimbursement
for open-heart surgery. It is further not
disputed that even though the petitioner had
claimed
Rs.60,445=05
the
appropriate
authority recommended for reimbursement of
Rs.
42,277=00
only.
The
respondents
themselves admit that the relevant papers
were received by the Director of Education in
1993 but they were probably misplaced, may
be deliberately, by the employees who have
been suspended. Even the duplicate copies
were made available and papers were sent in
May 1999 after the petitioner approached this
court for direction to state government for
2All] Manmindar Singh V. M/s Chandra Cold Storage and others
31
reimbursement of medical expenses. This
counter affidavit was sworn on the last day of
July 1999 but there is no explanation for nonsanctioning the amount. The learned standing
counsel could not make any statement even
today
whether
the
amount
has
been
sanctioned, if not why. The petitioner is only
an Assistant in the office. The open-heart
surgery was performed in 1993. Even though
the expenditure incurred was Rs. 60,445=05
the
petitioner
did
not
object
to
recommendation of Rs. 42,277=00 only. He is
running for more than six and half years for
reimbursement of the amount spent by him on
his medical treatment. Since there is no
explanation it has to be accepted that
petitioner
is
entitled
to
the
amount
recommended by the Additional Director
(Chikistsa Upchar), Lucknow. It appears due
to long delay the responsibility is being
avoided. This is not fair to the petitioner. It is
unfortunate that even when there is no dispute
the authorities for the reasons best known to
them are not acting promptly. This leads to
unnecessary litigation and expenses. This
court directed the respondents to pay within
three months or show cause. The respondent
did not pay due attention to this order. In any
case the papers having been forwarded in May
1999, there appears no justification for
sanctioning authority to keep quiet. There is
no option but to direct respondents to make
payment
of
the
recommended
amount
immediately.

5. Learned counsel for the petitioner
claims that on a sum of Rs. 42,277=00 he is
also entitled for interest at the rate of 18% per
annum which is opposed by the learned
standing counsel. The delay in payment is due
to the conduct of the employees in the
respondents office. The papers were received
in 1993 in Directors office but no action could
be taken for six years. The employees have no
doubt been suspended but that does not
redress the grievance of the petitioner. He has
to be compensated for this delay. In any case
once the Director of Health and Family
Welfare, U.P. Lucknow approved this amount
in 1995 it was the responsibility of the
authorities to ensure its payment. In my
opinion interest of justice will be served if an
interest of 12% per annum is awarded to the
petitioner from the date the Additional
Director
(Chikitsa
Upchar),
Lucknow
recommended
the
amount
of
medical
reimbursement.

6. In the result the writ petition succeeds
and is allowed. Writ of mandamus is issued to
respondent no.1 to sanction sum of Rs.
42,277=00 medical reimbursement to the
petitioner alongwith 12% interest and pay it
within a period of two months from the date a
certified copy of; this order is produced before
respondent no.1. It is clarified that 12%
interest payable to the petitioner shall be
calculated
from
28.1.1995,
when
the
Additional
Director
(Chikitsa
Upchar)
Lucknow
recommended
the
medical
reimbursement.

The petitioner shall be entitled to his
costs.

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