Govardhanlal Rathore vs Madhya Pradesh Paschim Kshetra ...
2023 Latest Caselaw 10093 MP

                                                              1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                     BEFORE
                                     HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                   ON THE 4 th OF JULY, 2023
                                               WRIT PETITION No. 6174 of 2023

                           BETWEEN:-
                           GOVARDHANLAL RATHORE S/O LATE SHRI MANGILAL
                           RATHORE, AGED ABOUT 61 YEARS, OCCUPATION:
                           SERVICE R/O 24 BATTALION HIGH WAY ROAD RATLAM
                           NAKA JAORA DISTT. RATLAM (MADHYA PRADESH)

                                                                                            .....PETITIONER
                           (BY SHRI MAYANK SHARMA, LEARNED COUNSEL)

                           AND
                           1.    MADHYA PRADESH PASCHIM KSHETRA VIDYUT
                                 VITRAN CO. LTD. CHIEF ENGINEER (UJJAIN
                                 REGION) JYOTI NAGAR UJJAIN (MADHYA
                                 PRADESH)

                           2.    M.P. PASCHIM KSHETRA VIDHYUT VITRAN CO.
                                 LTD. THROUGH EXECUTIVE ENGINEER ( O AND
                                 M ) JAORA DISTRICT RATLAM (MADHYA
                                 PRADESH)

                                                                                         .....RESPONDENTS
                           (SHRI ANSHUMAN SHRIVASTAVA, LEARNED COUNSEL FOR THE
                           RESPONDENTS ON ADVANCE NOTICE)

                                 This petition coming on for admission this day, th e court passed the
                           following:
                                                                ORDER

In the instant petition filed under Article 226 of the Constitution of India, the petitioner has challenged the orders dated 20.12.2022 (Annexure P/1) and letter dated 17.01.2023 (Annexure P/2) whereby the petitioner's claim of medical expenses reimbursement has been disallowed and the petitioner has sought direction for release of medical claims.

Signature Not Verified Signed by: SOUMYA RANJAN DALAI Signing time: 04-07-2023 18:19:19

2) As per the case of the petitioner, petitioner and his wife met with road accident on 29.11.2020 near Tollnaka Dodar, Jaora while in employment. The petitioner and his wife got unconscious and they were taken to City Hospital Jaora by Ambulance. His wife got serious jaw injury and petitioner also suffered severe injuries. They got treatment in CHL Jain Diwakar Hospital Ratlam which is Government approved Private Hospital. After hospitalization for one month, petitioner submitted his medical claims of Rs.5 lacs, however, the respondents have cleared only claim of Rs.97,469/-, but they denied to reimburse the same on the ground that the petitioner and his wife got treatment from a hospital which is not in the approved list of the respondents. Counsel for the petitioner

submits that the aforesaid impugned orders are contrary to Circular issued by the respondents dated 16.10.2012 which permits reimbursement even from private hospitals.

3) Counsel for the respondents supports the impugned orders.

4) After hearing learned counsel for the parties and upon perusal of the impugned order, this Court finds that the petitioner has not brought to the notice of the respondents the Circular dated 16.10.2012 issued by the respondents and, therefore, without adverting to the claim of the petitioner on merit, the present petition is disposed off with liberty to the petitioner to file a fresh representation for medical reimbursement before the Competent Authority along with Circular dated 16.12.2012 and the judgments passed by the Courts within a period of 15 days from today and if such representation is submitted within the aforesaid stipulated period, the Competent Authority of the respondent shall consider the same in accordance with the law keeping in view the Circular dated 16.10.2012 and the judgments passed by the Courts within a

Signature Not Verified Signed by: SOUMYA RANJAN DALAI Signing time: 04-07-2023 18:19:19

period of one month from the date of receipt of the representation. The Authority shall pass a fresh reasoned and speaking order without being influenced by the previous order.

5) With the aforesaid, the present petition is disposed off.

(VIJAY KUMAR SHUKLA) JUDGE soumya

Signature Not Verified Signed by: SOUMYA RANJAN DALAI Signing time: 04-07-2023 18:19:19