Allowed

Balwan Singh Yadav v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Revenue U.P. Lko. and 2 Others

Allahabad HC4 Mar 2024WRIA/1672/2024

Case brief

AI extract

What is this about?

Writ petition challenging non-sanction of medical advances for the petitioner's wife under U.P. Government Servants (Medical Attendance) Rules, 2011. Court disposed of the matter without merits.

What did the court decide?

Direction to respondent no. 2 to approve 95% of estimated medical expenditure for petitioner's wife within one week.

Balwan Singh Yadav vs State of U.P. Thru. Addl… — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:19439

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Court No. - 18

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Case :- WRIT - A No. - 1672 of 2024

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Petitioner :- Balwan Singh Yadav Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Revenue U.P. Lko. And 2 Others Counsel for Petitioner :- Satendra Jaiswal,Alok,Ashwini Kumar Singh Counsel for Respondent :- C.S.C.

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Hon'ble Manish Kumar,J.

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Heard learned counsel for the petitioner and learned Standing counsel for the State.

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The present writ petition has been preferred for issuing direction to the respondent no. 2/Director (Land Acquisition/Office Head), Land Acquisition Directorate, Board of Revenue, U.P. Lucknow to sanction the medical advances as proposed by the Doctor concerned of SGPGI for the treatment of wife of the petitioner in terms of Rules 15(ka) & 15(ga) of the U.P. Government Servants (Medical Attendance) Rules, 2011, as amended in the year 2016.

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Learned counsel for the petitioner has submitted that the wife of the petitioner is suffering from serious ailments relating to Kidney, liver and Breast cancer, apart from other ailments and she is under treatment of SGPGI. It is further submitted that the petitioner is entitled for 95 per cent of the estimated medical expenditure for the treatment of his wife after giving the estimated treatment cost provided by the Hospital before the Head of the Department and as per the amended Rule 15(ga)(i), the head of the department is to approve the same within a period of one week, though the petitioner had made a representation along with the estimate given by the SGPGI on 09.11.2023.

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After arguing at some length, learned counsel for the petitioner has confined his prayer to the extent that a direction may be issued to the respondent no. 2 to approve the 95% of the estimated medical expenditure provided by the SGPGI for treatment of his wife within a stipulated time frame, as this Hon'ble Court may fix.

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Learned Standing Counsel has no objection to the aforesaid prayer made by learned counsel for the petitioner.

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On the request of learned counsel for the petitioner and without entering into the merits of the case, the present writ petition is disposed of with a direction to the respondent no. 2/Director (Land Acquisition/Office Head), Land Acquisition Directorate, Board of Revenue, U.P.

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Lucknow is directed to approve the advance payment of 95% of the estimated medical expenditure bill provided by the SGPGI within a period of one week in accordance with law from the date of production/receipt of certified copy of this order.

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Order Date :- 4.3.2024 Nitesh

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Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench

Balwan Singh Yadav v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Revenue U.P. Lko. and 2 Others

Case brief

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Balwan Singh Yadav v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Revenue U.P. Lko. and 2 Others

Case brief

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