Nirmal Sethi vs State Of Punjab & Ors.

KULDEEP TIWARI, J.(Oral)

The petitioner, who was 82 years of age at the time when she submitted the medical bills for reimbursement to the respondents, was made to run from pillar to post to secure her legitimate dues.

What surface from a perusal of the instant writ petition, that earlier the medical reimbursement bills of the petitioner were declined by the respondents, on totally non-sustainable grounds. Thereupon, on an intervention of this Court a partial amount was released in her favour. However, as the petitioner was not paid the entire amount due to her ligitimately, she was constrained to approach this Court by way of the present writ petition.

During the pendency of the instant writ petition, vide order dated 08.01.2020, a Coordinate Bench of this Court directed the respondents to seek instructions with regard to payment of the balance amount, as the petitioner had been paid only Rs.38,000/- against the total amount of Rs.81,283/- claimed by her. Thereafter, a specific affidavit was filed by the respondents on 30.06.2020, wherein it was disclosed that the medical bill of the petitioner had been forwarded by the District Education Officer (respondent No.3) to the Civil Surgeon, Sri Muktsar Sahib, who, in turn, forwarded the same to the Director, Health and Family Welfare, Punjab, for consideration of the claim. Thereafter, the Civil Surgeon, vide letter dated 18.09.2019, sanctioned an amount of Rs.38,318/-, which was subsequently revised vide letter dated 03.02.2020 by Rs.1,990/-. Consequently, the petitioner was found entitled to reimbursement of a total amount of Rs.40,308/- towards the medical expenses incurred by her, in terms of the instructions dated 13.02.1995 issued by the Department of Health and Family Welfare.

It is not in dispute that the amount of Rs.40,308/-, as admissible under the applicable instructions, has since been paid to the petitioner. The only issue which now requires consideration is the prolonged delay on the part of the respondents, which caused the petitioner to suffer for a period of about four years, including the period during which the instant petition remained pending. The respondents were under a statutory obligation to process and decide the medical reimbursement claim expeditiously. However, they took effective steps only after this Court took cognizance of the matter and, ultimately, the final admissible amount was reimbursed only in the year 2020.

Having regard to the delay in reimbursement of the medical expenses and the advanced age of the petitioner, who is now about 90 years of age, this Court is of the considered view that she has been unnecessarily harassed on account of the inaction on the part of the respondents. Therefore, on the aspect of delay alone, the petitioner deserves to be compensated by way of interest on the amount reimbursed to her. Accordingly, the respondents are directed to calculate and pay interest at the rate of 6% per annum on the amount reimbursed to the petitioner, reckoned from the date of submission of the medical bills till the date of actual realisation of the reimbursement amount. The petitioner shall also be entitled to litigation expenses quantified at Rs.35,000/-.

The aforesaid amounts shall be deposited directly into the bank account of the petitioner.

It is made clear that the aforesaid exercise shall be completed within a period of six weeks from the date of receipt of a certified copy of this order.

However, liberty is also reserved to the petitioner to seek revival of the instant writ petition in the event the authority fails to comply with the directions issued hereinabove.

Disposed of accordingly.

All pending application(s), if any, stand disposed of accordingly.