Patna High Court
The State Of Bihar vs Md. Kamal Ashraf on 24 September, 2025
Author: Sudhir Singh
Bench: Sudhir Singh, Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.163 of 2023
In
Civil Writ Jurisdiction Case No.12317 of 2011
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1. The State of Bihar through The Principal Secretary, Deptt. of Finance, Govt.
of Bihar, Patna.
2. The Principal Secretary Registration, Excise and Prohibition Deptt., Govt. of
Bihar, Patna.
... ... Appellant/s
Versus
Md. Kamal Ashraf, Son of Late Syed Abdul Nadeem, R/o- MH-A-8, Ali
Nagar Colony, P.S.- Gardanibagh, District- Patna.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Rewti Kant Raman (A.C. To S.C.11)
For the Respondent/s :
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
Date : 24-09-2025
The present intra-court appeal has been filed by the
appellants/State of Bihar against the judgment dated 21.09.2022,
passed by the learned Single Judge in CWJC No. 12317 of
2011, whereby the writ petition was disposed of holding the
entitlement of the petitioner for interest @ 6% per annum from
1st August, 2011 till 11.08.2022, the date on which the medical
reimbursement has been settled in full and if the interest is not
paid within the stipulated period, the petitioner shall also be
entitled to litigation cost of Rs. 25,000/-.
Patna High Court L.P.A No.163 of 2023 dt.24-09-2025
2. The facts on record are that the
petitioner/respondent herein was admitted in emergency at
Jevak Heart Hospital, Patna where his angiography was
conducted and three arteries were found blocked. The doctor
advised him to undergo bypass surgery as soon as possible.
Thereafter, the petitioner approached AIIMS, New Delhi for
operation but immediate accommodation was not available.
Thereafter, he was admitted in ESCORT Heart Hospital, New
Delhi where he underwent successful bypass surgery and was
discharged on 29.01.2009. On 21.10.2009, the petitioner applied
for reimbursement of medical expenses amounting to Rs.
5,59,772/-. However, vide letter no. 846 dated 21.03.2011,
petitioner's claim was rejected on the ground that prior
permission was not taken from the Department for treatment
outside the State of Bihar, which is in violation of the
Notification dated 20.05.2006 of the Health Department.
Aggrieved by this, the petitioner preferred CWJC No. 12317 of
2011 seeking reimbursement of the aforesaid medical expenses.
3. The learned Single Judge found that during the
pendency of the writ petition, petitioner's claim has been settled
in respect of medical reimbursement on 11.08.2022. The learned
Single Judge further held that since there was belated settlement
Patna High Court L.P.A No.163 of 2023 dt.24-09-2025
on the part of the concerned respondent, petitioner is entitled to
interest on the belated settlement of medical reimbursement and
directed the respondents/appellants herein to pay interest at the
rate of 6% per annum from 1st August, 2011 till 11.08.2022, the
date on which medical reimbursement has been settled in full.
The said interest was to be paid within a period of two months
from the date of the order of the learned Single Judge. The
learned Single Judge further held that if interest is not paid
within the stipulated period, the petitioner shall be entitled to
litigation cost of Rs. 25,000/-.
4. Aggrieved by the aforesaid judgment, the present
appeal has been preferred.
5. Learned counsel for the appellants submitted that
the delay in reimbursement was partly attributable to the
respondent as he had not countersigned the documents as also
had not complied the terms and conditions stipulated in the
Notification dated 20.05.2006. It is further submitted that before
filing the writ petition, the respondent could have approached
the authority concerned under the Bihar Litigation Policy, 2011
and avoided the litigation, but since the respondent did not do
so, the appellants herein could not pay the concerned amount as
the matter was sub-judice. Further, the learned counsel for the
Patna High Court L.P.A No.163 of 2023 dt.24-09-2025
appellants submitted that after an order of the learned Single
Judge, the appellants immediately reimbursed the amount to
him on 11.08.2022, and therefore, appellants cannot be held
responsible for the delay by imposition of interest at the rate of
6% in addition to the litigation cost of Rs. 25,000/-.
6. It is undisputed that the respondent herein is
entitled to the amount for reimbursement of his medical
expenses, and the same had been paid by the concerned
department when the writ petition was pending. The singular
question before the writ court was that whether the respondent
herein was entitled for the interest on the amount of medical
reimbursement which had already been settled by the concerned
department. The said question was answered in affirmative by
the learned Single Judge taking into account the inaction of the
appellants (respondent therein).
7. For a period of almost 13 years, there was non-
payment of the medical reimbursement by the appellants and the
respondent had to approach this court for settlement of medical
reimbursement. The arguments of the appellants cannot be
accepted by this court, as the appellants themselves made the
payment of the amount in pendency of litigation. Thus, the
claim of the respondent has not been disputed and the claim of
Patna High Court L.P.A No.163 of 2023 dt.24-09-2025
the respondent was delayed due to inaction on part of the
appellants.
8. Therefore, we are of the view that the learned
Single Judge has rightly held the petitioner entitled for interest
on the reimbursement amount.
9. Accordingly, we do not find any reason to interfere
with the order of the learned Single Judge, and the present
appeal stands dismissed.
10. Interlocutory application(s), if any, shall also stand
disposed of.
(Sudhir Singh, J)
(Rajesh Kumar Verma, J)
Sujit/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 27.09.2025
Transmission Date
