Allahabad HC allows legal heirs to claim medical reimbursement of deceased Govt employees
Lucknow: The Lucknow bench of Allahabad High Court has ruled that if a government employee or pensioner dies during treatment or becomes incapable of making a claim, his legal heirs are entitled to claim reimbursement of medical expenses.
The bench of Justice Alok Mathur and Justice Amitabh Kumar Rai passed the verdict while hearing the petition filed by Chandra Choor Singh.
According to a PTI report, the petitioner’s father was a retired deputy registrar. He was treated at private hospitals in Lucknow, where he passed away during treatment. The petitioner applied for reimbursement of medical expenses, but the department rejected the claim, stating that only the “beneficiary” can make a claim under the rules.
Also Read:Minor denied treatment at 2 Govt Hospitals; Delhi HC directs Rs 12,000 reimbursement
The state government argued that under the Uttar Pradesh Government Servants (Medical Attendance) Rules, 2011, a claim can only be made by a beneficiary, and the petitioner did not fall within this category. It also cited the limit of Rs 5,000 set out in the succession certificate submitted by the petitioner.
The court rejected this argument of the state government, stating that the provisions of Rule 16 of the Rules, 2011, were arbitrary and violated Article 14 of the Constitution. The court held that if a beneficiary dies or becomes incapable of making a claim, his or her legal heirs cannot be deprived of this right.
Applying the principle of “reading down”, the Court directed that Rule 16 be interpreted to include legal heirs, especially when there is no other eligible beneficiary.
The court further clarified that if there is no dispute about being an heir, it is not appropriate to reject the claim merely on technical grounds.
Ultimately, the court directed the concerned authority to reconsider the petitioner’s claim and take a decision within two months, and if the claim is found to be correct, payment should be ensured within one month, reports PTI.
Disclaimer: This website is primarily for healthcare professionals. The content here does not replace medical advice and should not be used as medical, diagnostic, endorsement, treatment, or prescription advice. Medical science evolves rapidly, and we strive to keep our information current. If you find any discrepancies, please contact us at corrections@medicaldialogues.in. Read our Correction Policy here. Nothing here should be used as a substitute for medical advice, diagnosis, or treatment. We do not endorse any healthcare advice that contradicts a physician's guidance. Use of this site is subject to our Terms of Use, Privacy Policy, and Advertisement Policy. For more details, read our Full Disclaimer here.
NOTE: Join us in combating medical misinformation. If you encounter a questionable health, medical, or medical education claim, email us at factcheck@medicaldialogues.in for evaluation.