Excelsior Correspondent
JAMMU, Apr 27: Jammu & Kashmir and Ladakh High Court has held that the claim for reimbursement cannot be denied on the ground that it is not one of the approved hospitals.
The rejection of the claim of the petitioner by the respondents vide communication dated 01.06.2015, seeking reimbursement of the medical expenses incurred by the petitioner on the treatment of her husband, has prompted the petitioner to approach High Court through the medium of this writ petition for not only quashing of the communication dated 01.06.2015 but also for directing the respondents to reimburse the medical expenses for an amount of Rs 14,99,511 along with interest at the rate of 12 percent per annum from the date, the bills were submitted by the petitioner with the respondents.
After hearing Senior Advocate Rahul Pant with Advocate Aarushi Shukla for the petitioner whereas AAG Amit Gupta for the UT, Justice Rajnesh Oswal observed, “Rule 8(2) vests the power with the Government to relax the rules in case the operation of the Rules cause undue hardship in a particular case”.
“The power of relaxation of the Rules has been vested with the Government not for the purpose of adorning the ‘Rule Book’ only but for its exercise in genuine cases, where the strict adherence to the Rules would operate harshly against the beneficiary”, High Court said, adding “in the instant case, the petitioner who was admittedly a contractual employee at the relevant point of time and her husband was dependent upon her and further because of emergent medical situation, when she was out for private tour along with her husband, she spent huge expenditure on the treatment of her husband, itself demonstrate the pathetic case of the petitioner”.
“The respondents were well within their power to relax these rules to reimburse the medical claim of the petitioner for treatment obtained outside the State from hospitals which were not in the list of the approved hospitals. In such type of situation, humane view was required to be taken while considering the claim of the petitioner”, High Court said.
“It appears that the respondents have passed the order impugned, rejecting the claim of the petitioner for reimbursement of medical expenses incurred by her on the treatment of her husband being oblivious to the rules”, High Court said while quashing the communication/order impugned bearing No. PD/ERA/31/2014-15 dated 01.06.2015.
Accordingly, High Court directed the official respondents to consider the claim of the petitioner for reimbursement of medical expenditure in accordance with the spirit of the rules and pass fresh orders.
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