Legal heirs can claim medical reimbursement if govt employee dies during treatment, says Allahabad high court

LUCKNOW: The Allahabad high court’s Lucknow bench on Saturday ruled that if a government employee or pensioner dies during treatment or becomes incapable of filing a claim, their legal heirs are entitled to seek reimbursement of medical expenses. A bench comprising Justices Alok Mathur and Amitabh Kumar Rai delivered the verdict while hearing a petition filed by Chandra Choor Singh. The case pertains to the petitioner’s father, a retired deputy registrar, who underwent treatment at private hospitals in Lucknow, where he died during the course of treatment. Following his death, the petitioner applied for reimbursement of the medical expenses. However, the department rejected the claim, stating that only the "beneficiary" is eligible to apply under the rules, according to news agency ANI The state government argued that under the Uttar Pradesh Government Servants (Medical Attendance) Rules, 2011, only a beneficiary can file such a claim, and the petitioner did not fall within that category. It also referred to the Rs 5,000 limit mentioned in the succession certificate submitted by the petitioner. Rejecting the state’s contention, the court observed that the provisions of Rule 16 of the 2011 Rules were arbitrary and in violation of Article 14 of the Constitution. It held that legal heirs cannot be denied the right to claim reimbursement if the beneficiary has died or is unable to do so. Invoking the principle of "reading down", the court directed that Rule 16 be interpreted in a manner that includes legal heirs, particularly in cases where no other eligible beneficiary exists. The bench further clarified that in the absence of any dispute regarding legal heirship, claims should not be rejected on technical grounds. The court directed the concerned authority to reconsider the petitioner’s application within two months. If found valid, the reimbursement must be processed within one month thereafter.