Uttarakhand High Court
Dinesh Chandra Pandey vs State Of Uttarakhand And Others on 24 June, 2025
Author: Ravindra Maithani
Bench: Ravindra Maithani
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (M/S) No. 2289 of 2023
Dinesh Chandra Pandey ........Petitioner
Versus
State of Uttarakhand and others .....Respondents
Present:-
Mr. B.D. Pande and Mr. Harshit Sanwal, Advocates for the
petitioner.
Mr. Ganesh Kandpal, D.A.G. for the State.
JUDGMENT
Hon'ble Ravindra Maithani, J. (Oral)
By means of instant petition, the petitioner seeks quashing
of the communication dated 20.09.2022, Annexure 9 to the writ petition
of the District Education Officer, Basic Education, Nainital and
communication dated 22.10.2022 of the respondent no.3, Deputy
Education Officer, Bhimtal, Nainital. By these communications, the
petitioner was required to remove certain defects for his claim for
medical reimbursement. The petitioner also claims reimbursement of
Rs.19,50,500/- alongwith Rs.6,32,000/-
2. Heard learned counsel for the parties and perused the
record.
3. Briefly stated, according to the petitioner, his wife was
working as an Assistant Teacher. Unfortunately, she was diagnosed
with breast cancer. She was treated at All India Institute of Medical
Sciences ("AIIMS"), New Delhi. Some of the bills were submitted for
medical reimbursement, which have been reimbursed. The details are
as follow:-
(i) The bill amounting to Rs.70,000/- for treatment
between 02.01.2017 and 10.03.2017.
(ii) The bill amounting to Rs.10,72,758/- for treatment
from 12.11.2013 to 04.08.2015 and from 12.09.2015
to 21.07.2016.
4. There were two more medical reimbursement bills of
Rs.19,50,500/- and Rs.6,32,000/- which have not been reimbursed by
the respondents authorities and the petitioner was required to remove
the defects in terms of filing essentiality certificate. The petitioner seeks
quashing of those communications and claims the amount of medical
reimbursement.
5. The respondent no.2 filed a counter affidavit and in para 7,
it is stated "that in the instant case the medical reimbursement claims
amounting to Rs.19,50,500/- and 6,32,000/- has been examined and
counter signed by the Directorate and payment is to be made by the
department i.e. Education Department."
6. The respondent no.1, the State of Uttarakhand has also
filed its counter affidavit. According to it, since essentiality certificate
has not been provided by the petitioner, his claim could not be
processed. In para 10 of the counter affidavit, the respondent no.1,
State of Uttarakhand has stated as below:-
"10. That it is significant to mention here that vide Letter No.88
dated 30.12.2021 and Letter No. 32 dated 20.05.2022, the State
Government remitted the matter in original with an objection,
pursuant to which the concerned Deputy Education Officer has
requested the petitioner to provide the Essentiality Certificate on
prescribed format, which has yet not been provided by the
petitioner due to which the final decision/approval on the
medical reimbursement bills of the petitioner are pending
disposal for which he himself is responsible. Thus, the present
writ petition lacks merit and is liable to be dismissed.
True/correct typed version/copies of the Letter dated
30.12.2021 and 20.05.2022 of the State Govt. Are collectively
being annexed as Annexure No.-4 to this affidavit."
7. Learned counsel for the petitioner would submit that the
wife of the petitioner has undergone treatment at AIIMS, New Delhi for
breast cancer. Some of her medical bills have already been reimbursed.
But, a bill of Rs.19,50,500/- has yet not been cleared. He would submit
that, initially, when the petition was filed a bill amounting to
Rs.6,32,000/- was also not cleared by the respondents. But, he would
submit that now this amount has been reimbursed and it has been paid
to the petitioner. It is argued that, in fact, based on the essentiality
certificate, multiple bills for medical reimbursement submitted by the
petitioner have been cleared by the respondents. But, final bill of
Rs.19,50,500/- has not been paid. Therefore, impugned
communications need to be set aside and the respondents may be
directed to pay this amount to the petitioner.
8. Learned State counsel would submit that the petitioner was
required to submit an essentiality certificate, which he has not
submitted. As and when he submits this essentiality certificate, the
medical reimbursement bill amounting to Rs.19,50,500/- shall be
processed.
9. A few facts are not disputed. They are as follows:-
(i) For the treatment of the wife of the petitioner,
between 12.11.2013 and 04.08.2015 and from
12.09.2015 to 21.07.2015, a bill of Rs.10,72,758/-
has been reimbursed to the petitioner by the
respondents.
(ii) For the treatment of the wife of the petitioner between
02.01.2017 and 10.03.2017 reimbursement of
Rs.70,000/- was done in the year 2018.
(iii) It is also stated by the petitioner that subsequent to the
filing of the petition, the medical bill for the treatment of
the wife of the petitioner between 04.04.2018 and
15.06.2018, Rs.6,32,000/- has now been reimbursed to
him.
10. The dispute is with regard to the bill amounting to
Rs.19,50,500/- which is for the treatment of the wife of the petitioner
between 31.03.2017 and 01.01.2018.
11. Admittedly, the bill subsequent to this duration has already
been sanctioned. As also, the bills preceding to this duration has also been
sanctioned. Therefore, the objections now with regard to the essentiality
certificate has no basis. Accordingly, while setting aside the impugned
communications dated 20.09.2022 and 22.10.2022, this Court is of the
view that the respondents may be directed to proceed with the medical
reimbursement bills submitted by the petitioner without asking any other
documents from him. Accordingly, the petition deserves to be allowed and
impugned communications set aside.
12. The writ petition is allowed.
13. Impugned communications dated 20.09.2022 and 22.10.2022
are set aside. The respondent no.1 is directed to process the medical
reimbursement bill of Rs.19,50,500/- without asking the petitioner to
submit any essentiality certificate. The process should be completed within
eight weeks from today.
(Ravindra Maithani,)
24.06.2025
Jitendra
