Allahabad High Court says legal heirs are entitled to claim reimbursement if govt employee dies in treatment
Facts and Background The ruling came in the writ petition whereby Petitioner's father, a retired deputy registrar (a government servant/pensioner), was undergoing treatment at private hospitals in Lucknow and died during the course of treatment. Petitioner as a legal heir, submitted a claim for reimbursement of the medical expenses incurred. The concerned department rejected the claim on technical grounds, primarily arguing that: Under the Uttar Pradesh Government Servants (Medical Attendance) Rules, 2011, only the “beneficiary” (i.e., the employee or pensioner themselves) is eligible to claim reimbursement. The succession certificate produced by Petitioner mentioned a ₹5,000 limit, which the department said further disqualified him. Court Held A Division Bench rejected the department’s stand. The court held that: Legal heirs cannot be denied the right to claim medical reimbursement merely because the beneficiary (the employee/pensioner) has died or is unable to file the cl...