Decided On: 22.10.2024 vs Himachal Road Transport Corporation
2024 Latest Caselaw 15535 HP

Himachal Pradesh High Court

Decided On: 22.10.2024 vs Himachal Road Transport Corporation on 22 October, 2024

Author: Ajay Mohan Goel

Bench: Ajay Mohan Goel

                                                                       2024:HHC:10082

     IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                         CWP No.10939 of 2024
                                         Decided on: 22.10.2024
Mehar Singh                                                   ... Petitioner
                Versus
Himachal Road Transport Corporation
& others                                                     ... Respondents
Coram
Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
Whether approved for reporting?1
____________________________________________________            _
For the petitioner      :     Mr. Manohar Lal Sharma, Advocate.
For the respondents             :        Mr. Dheeraj K. Vashisht, Advocate.
Ajay Mohan Goel, Judge (Oral)

By way of this petition, the petitioner has prayed for the

following relief:-

"(i) That the respondents may kindly be directed to reimburse the medical bills of the petitioner as the petitioner is in need of money due to the disease suffered by the petitioner without any further delay."

2. Learned counsel for the respondents though has not

filed the reply, but he submits that some amount will be released

within forthcoming days, but in light of the financial condition of the

Corporation it may not be possible for the Corporation to pay the

entire amount at this stage itself.

3. The petitioner, who is a retired employee of the

respondent-Corporation has approached this Court praying for

reimbursement of his medical bills by the respondent-Corporation.

The petitioner is stated to have retired from the service of respondent

No.2 as Sub-Inspector in the year 2019. It is further averred in the

Whether reporters of the local papers may be allowed to see the judgment?

2024:HHC:10082

petition that the petitioner is suffering from Kidney problem and he

is on dialyses since the year 2020 and the petitioner has to shell out

about Rs.15,000/- per month on medicines and he also has to

undergo dialysis after every four weeks.

4. Taking into consideration peculiar facts of the case, this

Court is of the considered view that the financial condition of the

respondent-Corporation cannot act as a deterrent in the

reimbursement of the medical bills of the petitioner because but

obvious the petitioner cannot be expected to shell out his medical

expenses each month from his pocket when he has a legal right of

getting the same to be reimbursed from the respondent-Corporation.

As the medical expenses of the petitioner recurring, therefore, but

natural he can undertake the subsequent expenses only if medical

expenses already incurred by him are reimbursed.

5. Therefore, taking into consideration these peculiar facts,

this Writ petition is disposed of with the direction that let 25% of the

medical reimbursement to which the petitioner is entitled to as per

rules be reimbursed forthwith within a period of two weeks from

today and the balance 75% thereafter be reimbursed within further

four weeks. Pending miscellaneous applications, if any, stand

BHUPENDER KUMAR disposed of.

(Ajay Mohan Goel) Judge October 22, 2024 (Rishi)