Jaiveer Singh And Another vs State Of U.P. And Others
2011 Latest Caselaw 5456 ALL

Citation : 2011 Latest Caselaw 5456 ALL
Judgement Date : 31 October, 2011

Allahabad High Court

Jaiveer Singh And Another vs State Of U.P. And Others on 31 October, 2011

Bench: Rajes Kumar




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - A No. - 53667 of 2011
 

 
Petitioner :- Jaiveer Singh And Another
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- Jamal Ali,Adil Jamal
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Rajes Kumar,J.

Vide letter dated 30.4.2011, the claim of medical reimbursement has been accepted and a direction has been issued to pay the amount but till date the payment has not been made. Being aggrieved the petitioner filed present writ petition. The respondent no. 6 is the Drawing and Disbursing Officer. He has been directed to pay the sanctioned amount within a period of four weeks or to show cause. He filed counter affidavit. In the counter affidavit there is no dispute that the medical claim of the petitioners has been sanctioned.

Learned Standing Counsel submitted that in paragraph-11 of the counter affidavit, it is stated that respondent no. 6-Drawing and Disbursing Officer, Executive Engineer, Aligarh Division Ganga Canal, Aligarh has asked fund from respondent no. 4-Senior Treasury Officer, Treasury, Aligarh and Annexure-9 to the counter affidavit reveals that the fund is not available and as per the account there is a debit balance.

If there is a debit balance and there is no fund, how the salary of the Officers, including respondent no. 6 are being paid. They are also not entitled for any medical reimbursement or any other allowance.

It is unfortunate that despite the medical claim being sanctioned, the same has not been paid till today.

In view of the above, respondent no. 6 is directed not to pay any allowance or medical reimbursement to any of the Officers of the Irrigation Department which falls within his jurisdiction except the monthly salary till the payment of the medical reimbursement to the petitioners are paid.

Learned Standing Counsel is directed to file further reply giving details of the allowances and the medical reimbursement claim of all the Officers within three weeks.

Put up on 21.11.2011 as fresh.

Certified copy of this order be provided to the learned Standing Counsel today.

Order Date :- 31.10.2011