Anand Hospital vs State Of Punjab And Others

Jagmohan Bansal, J

The petitioner through instant petition under Article 226 of the Constitution of India is seeking direction to respondents to reimburse its expenses incurred on the family planning surgeries conducted under Family Planning Scheme. He is further seeking direction to respondents to decide its representation and legal notice dated 23.04.2025 and 09.07.2025 respectively.

The petitioner is an empanelled hospital under Family Planning Scheme organized by the State of Punjab to provide free sterilization services. The petitioner addressed 883 cases till April’ 2023. It submitted all the details. The Civil Surgeon, Sri Muktsar Sahib vide letter dated 19.09.2023 informed the petitioner that Secretary, Health-cum-Mission, Director, National Health Mission has not released fund, thus, no further case would be referred and their hospital may perform family planning without Govt. aid. The respondent No.3- Civil Surgeon, Sri Muktsar Sahib vide letter dated 09.11.2023 addressed to respondent No.2-Director, Department of Health Services and Family Welfare, Punjab confirmed petitioner’s entitlement for reimbursement to the tune of Rs.13,44,500/-. It preferred a spate of representations but the amount has not been reimbursed till date.

Learned State counsel submits that petitioner’s payment is withheld because State has not received payment from National Health Mission. In the absence of receipt of payment from National Health Mission, the respondent-authority is helpless.

Indubitably, the petitioner rendered services to State. There is no dispute with respect to quantum of services and quantum of payment. The State is not making payment on the sole ground that it has not received payment under National Health Mission. It is no ground to deny or withhold payment because petitioner has rendered services.

Accordingly, the respondents are hereby directed to release admitted payment within three months from today, failing which would be liable to pay interest @ 7.5 % per annum from the expiry of said period.

Disposed of in above terms.

Pending Misc. application(s), if any, shall also stand disposed of.