Disposed

Mohammad Hussain Mir v. Union Territory of J and K and Others (Power Development / Kpdcl)

J&K HC8 Sept 2026WP(C)/2201/2026

Case brief

AI extract

What is this about?

Writ petition seeking directions to authorities to expedite the consideration of a pending medical reimbursement claim of ₹4,77,000 incurred for the petitioner's wife's treatment, and to apply liberal interpretation of reimbursement rules without unnecessary delay.

What did the court decide?

Direction to respondents to examine and consider the petitioner's representation dated 26.03.2026 for medical reimbursement expeditiously in accordance with law.

Mohammad Hussain Mir Vs Union Territory of J and… — Pension and Retirement Benefits | J&K HC (2026)

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S. No. 66 Suppl-I

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR

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WP(C) 2201/2026 CM(5989/2026).

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Mohammad Hussain Mir, 55 years

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S/O Sonaullaha Mir

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R/O Y K Pora Qazigund Anantnag.

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…Petitioner(s)

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Through: Mr. Aushaq Hussain Shah, Advocate.

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VERSUS

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1. Union Territory of Jammu & Kashmir through its Commissioner/Secretary, Power Development Department, Civil Secretariat, Srinagar/Jammu.

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2. Kashmir Power Distribution Corporation Limited (KPDCL)

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Through its Managing Director,

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Srinagar, Jammu & Kashmir.

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3. The Chief Engineer, Distribution, Kashmir Power Distribution Corporation Limited (KPDCL) Srinagar,

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Jammu & Kashmir.

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4. The General Manager/Concerned Chief General Manager, Kashmir Power Distribution Corporation Limited (KPDCL), concerned administrative division,

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Jammu & Kashmir.

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5. The Competent Medical Reimbursement/Controlling Authority Kashmir Power Distribution Corporation Limited (KPDCL), Jammu & Kashmir.

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6. The Director Finance/Chief Accounts Officer,

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Kashmir Power Distribution Corporation Limited (KPDCL),

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Jammu & Kashmir.

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7. The Director Finance, Power Development Department/concerned Department, Government of Jammu & Kashmir,

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Civil Secretariat, Srinagar/Jammu.

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8. The Principal/Medical Superintendent,

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Government Medical College/Super Speciality Hospital, Srinagar, Jammu & Kashmir.

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9. The Medical Superintendent/Head of Department, Department of Gastroenterology, SKIMS, Soura,

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Srinagar, Jammu & Kashmir.

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Through: Mr. Shahbaz Sikander Mir, AAG. …Respondent(s)

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CORAM:

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HON’BLE MR. JUSTICE M. A. CHOWDHARY, JUDGE.

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ORDER 08.09.2026

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The petitioner, through the medium of the present petition, seeks the following reliefs:

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a) A writ of Mandamus, or any other appropriate writ, order or direction, commanding the Respondents to consider, process and finally determine the Petitioner's pending medical reimbursement claim in respect of the two medical bills amounting to ₹3,53,000/- and ₹1,24,000/- respectively, aggregating to ₹4,77,000/-, in accordance with the J&K Civil Services (Medical Attendance and Allowance) Rules, 1990, Finance Department Circular dated 30.06.2009, and other applicable Government instructions;

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b) Direct the Respondents to undertake the requisite verification/authentication of the medical bills, vouchers,

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medical records and supporting documents from the appropriate medical authority/hospital, in accordance with the prescribed procedure, without requiring the Petitioner to undergo unnecessary or Indefinite inter-departmental verification;

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c) Direct the Respondents to consider and dispose of the Petitioner's representation dated 26.03.2026, along with the entire supporting record, by passing a reasoned, speaking and legally sustainable order within a time-bound period to be fixed by this Hon’ble Court;

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d) Direct the Respondents, upon determination of the claim, to release forthwith the amount found legally and admissibly payable to the Petitioner in respect of the aforesaid medical bills, after applying the applicable rules, rates and permissible ceilings;

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e) In the event the Respondents find any particular component of the claim to be inadmissible, direct them to specifically identify such component and communicate the reasons and applicable Rule/provision for its exclusion, instead of withholding the entire claim;

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f) Direct the competent authority, in the event of any procedural impediment or undue hardship being found in the consideration of the claim, to consider the applicability

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of Rule 8(ii) of the J&K Civil Services (Medical Attendance and Allowance) Rules, 1990, in accordance with law and the facts and circumstances of the case;

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g) Pass any other or further order(s) or direction(s) which this

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Hon'ble Court may deem just, proper and expedient in the peculiar facts and circumstances of the case, in the interest

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of justice.”

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Learned counsel for the petitioner submits that the petitioner’s wife was suffering from a liver disease, for which she underwent treatment, and that medical reimbursement to the tune of Rs. 50,00,000/- ( Rupees Fifty Lacs ) was made by the respondents, in favour of the petitioner, however, the subsequent expenditure incurred towards follow-up amounting to Rs. 4,77,000/-, ( Rupees Four Lacs Seventy-Seven Thousand Only) has not been reimbursed, despite a representation having been made by the petitioner in this regard way back, on 26^th March, 2026.

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Learned counsel for the petitioner submits that the petitioner would feel satisfied if the present petition is disposed of at this stage with a direction to the respondents to consider the petitioner’s claim, in accordance with law.

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Mr. Shahbaz Sikander Mir, learned AAG who is incidentally present in Court appearing on behalf of the respondents, submits that the respondents have no serious objection to the

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plea raised by the petitioner, for consideration of the matter, in accordance with law.

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In view of the above, the present petition is disposed of, along with all interim application(s) at this motion stage, with direction to the respondents to examine and consider the plea raised by the petitioner in his representation dated 26.03.2026 expeditiously certainly in accordance with law and rules applicable to the subject to ‘Reimbursement of Medical Claims”.

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SRINAGAR 08.09.2026 Bisma Jan.

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Mohammad Hussain Mir v. Union Territory of J and K and Others (Power Development / Kpdcl)

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Mohammad Hussain Mir v. Union Territory of J and K and Others (Power Development / Kpdcl)

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