AI Structured Summary
Not yet generated for this judgment
Judgment
Today, when the matter was taken up, nobody has appeared on behalf of the applicant. Even on the previous date, nobody had appeared for the applicant. The issue involved in the present OA relates to reimbursement of medical bills and is pending since 2023. Therefore, I have heard both the learned counsel for the respondents and perused the records.
The applicant has filed the present original application seeking reimbursement of entire amount of Rs. 13,80,532/- incurred towards medical expenses when he and his wife were admitted in hospital due to COVID in 2021.
The respondents have contested the OA and filed reply. Referring to the contents of reply, the learned counsel for the respondents has submitted that the claim for medical reimbursement of Rs. 6,27,837/- submitted by the applicant before Additional Director, CGHS, Jabalpur has already been reimbursed on 22.07.2022 (Annexure R-1). The learned counsel for the respondents has further submitted that rest of amount Rs. 7,52,695/- has also been refunded by the Metro Hospital on 22.08.2024 (Annexure R-2). Since the entire amount of Rs. 13,80,532/- has already been disbursed to the applicant, therefore, the learned counsel for the respondents has submitted that there nothing remains to be decided in the OA.
Having heard learned counsel for the respondents and having gone through the pleadings on record, it is noted that the entire amount claimed by the applicant towards medical expenses has already been disbursed to him. This fact has not been denied by the applicant in his rejoinder.
So far as the claim of the applicant for interest on delayed disbursement of medical claim is concerned, it is noted that an employee's right is strictly limited to the principal reimbursement amount after due verification of expenses, and delay does not inherently trigger an entitlement to interest. The Hon’ble Supreme Court in the case of Om Prakash Garg Vs. State of Punjab & Ors – 1997 (SCC (L&S) 479 has held as under: -
“…….it is inexpedient and not proper to direct the State to pay interest for delay in payment of the reimbursement amount. It requires verification of the amounts spent by the petitioner and similar person. His right only is to get reimbursement and it does not follow that for the delay in the payment of medical reimbursement, he should also be entitled to interest thereon. The order passed by this Court on an earlier occasion was to the effect of dismissing the special leave petition in limine. Therefore it does not furnish any for following the same. Under these circumstances, we do not think that it would be proper to direct payment of interest on the delayed reimbursement of the medical expenses incurred by a Government servant.”
In view of the above observations the OA lacks merit and deserves to be dismissed. Accordingly, Original Application No. 865/2023 is dismissed.
There shall be no order as to costs.