Partly allowed

Smt. Kiran Singh and Another v. State of U.P. Thru. Prin. Secy. Urban Development Lko. and 4 Others

Allahabad HC15 May 2024WRIA/3783/2024

Case brief

AI extract

What is this about?

The High Court admitted a writ petition seeking to quash an order rejecting a medical reimbursement claim. It quashed the impugned order because it was passed by the wrong authority, disregarding a prior court direction to a coordinate bench to decide the dispute.

What did the court decide?

Impugned order dated 20.02.2024 quashed; matter remitted to respondent no.4 to decide afresh within eight weeks.

Smt. Kiran Singh and Another vs State of U.P. Thru… — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:37239

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Court No. - 20

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Case :- WRIT - A No. - 3783 of 2024

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Petitioner :- Smt. Kiran Singh And Another Respondent :- State Of U.P. Thru. Prin. Secy. Urban Development Lko. And 4 Others Counsel for Petitioner :- Shrikant Mishra Counsel for Respondent :- C.S.C.,Rishabh Kapoor

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Hon'ble Shree Prakash Singh,J.

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Heard learned counsel for the petitioners, Sri Rishabh Kapoor, learned counsel for the respondent nos. 2 to 5 and Sri Rajiv Singh Chauhan, learned counsel for the State.

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This order is being passed at the admission stage with the consent of the learned counsel for the parties.

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Instant writ petition has been filed seeking following reliefs:-

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"(I) Issue a Writ, Order or direction in the nature of Certiorari and quash the order dated 20/02/2024 passed by the Chief Account Officer, Uttar Pradesh Jal Nigam (Urban), Lucknow, whereby the medical reimbursement claim of husband of Petitioner No. 1 has been rejected by him, without having any authority in this regard without considering the documents on record and proper provisions of law and related rules and regulations, in illegal and arbitrary manner. (which is annexed as Annexure No. 1 to the Writ Petition)

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(II) Issue a further Writ, Order or direction in the nature of Mandamus directing the Opposite Parties to allow/ approved the medical reimbursement claim of the husband of the Petitioner (Mr. Yatendra Kumar Singh), and pay the same to the petitioners at the earliest, as the family of the petitioners are facing financial hardship."

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Learned counsel for the petitioners submits that the order is not only without jurisdiction but contemptuous as well. Drawing attention of this Court towards Annexure No.16 appended along with the writ petition, he submits that the co-ordinate Bench of this Court has passed the order on 12.1.2024 in Writ-A No.206 of 2024 while directing the respondent no.4-Chief General Manager, Constructions & Design Services, U.P. Jal Nigam, Lucknow to decide the dispute regarding petitioners' pending medical bills for reimbursement within six weeks but the same

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has not been decided by the respondent no.4 himself rather it has been decided by the Chief Account Officer of the Department of the Jal Nigam on 20.2.2024, thus, the impugned order dated 20.2.2024 may be quashed.

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On the other hand, Sri Rishabh Kapoor, learned counsel for the Jal Nigam could not refute the aforesaid fact.

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Considering the submission of the learned counsel for the parties and after going through the record, it transpires that there was specific direction of the co-ordinate Bench of this Court to the respondent no.4 in Writ-A No.206 of 2024 to take decision on the medical bills for reimbursement to the petitioners but the same has been taken by the Chief Account Officer of the Department of Jal Nigam, which is impermissible.

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In view of the above, the order impugned dated 20.2.2024 passed by the Chief Account Officer of the Department of Jal Nigam is hereby quashed.

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The matter is remitted back to the respondent no.4 to decide the matter afresh in pursuance of the observations made by the coordinate Bench of this Court in Writ-A No.206 of 2024, within eight weeks, from the date, the claim is raised by the petitioners.

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The liberty is also given to the petitioners to move a fresh representation while claiming reimbursement of medical bills.

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The writ petition is allowed at the admission stage.

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Order Date :- 15.5.2024 Ram Murti

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Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench

Smt. Kiran Singh and Another v. State of U.P. Thru. Prin. Secy. Urban Development Lko. and 4 Others

Case brief

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Smt. Kiran Singh and Another v. State of U.P. Thru. Prin. Secy. Urban Development Lko. and 4 Others

Case brief

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