SUNDER SINGH SOLANKI Vs. STATE OF U. P.

JUDGEMENT

(1.) In effect, the present petition has been filed with the prayer to quash the order dated 29.09.2016 passed by Senior Superintendent of Police, Lucknow and also to command the respondents to pay the remaining amount of medical reimbursement of Rs.8,84,879.60 against the expenses at Apollo Indraprasth Hospital, New Delhi and Rs.53,027/- against the expenses at KGMU, Lucknow along with 18% interest including the amount of Rs.3,30,000/- against the expenses of Air Ambulance and also the amount spent against the private rooms of hospital.

(2.) Brief facts of the case are that the petitioner met with an accident during late hours of night at 1.45 am on 26.07.2010 while he was posted as Station Officer, Police Station Gosainganj and was on patrolling. The petitioner sustained severe injuries and he was brought to Trauma Centre in King George Medical University, Lucknow. At a later point of time, looking to the condition of the petitioner, he was referred to Indraprasth Apollo Hospital New Delhi for further treatment. The petitioner was Airlifted and he was remained in the hospital up to 22.08.2010. On 23.08.2010, the petitioner was sent to Lucknow and he remained under treatment at King George Medical University till 08.04.2011. On 09.04.2011, the petitioner joined his services on the advise of the doctors. The petitioner submitted his all bill vouchers amounting to Rs.98,406/- spent in KGMU and Rs.10,99,219.60 spent in Apollo Hospital, New Delhi to the D.I.G. Police, Lucknow Range who referred the matter to the Director General Medical Health, Lucknow (opposite party no.2). The opposite party no.3 sanctioned only an amount of Rs.1,48,340/- against the expenses at Indraprasth Apollo Hospital New Delhi and Rs.45,479/- against the expenses at K.G.M.U., Lucknow. The amount of Rs.3,30,000/- against the bill of Air Ambulance was not sanctioned.

(3.) Being dissatisfied with the meager amount, so sanctioned, the petitioner preferred a representation to the Additional Director, Medical and Health, Lucknow (opposite party no.3) on 18.04.2011. Thereafter the petitioner has filed a writ petition No.6092 (SS) of 2012 praying therein to reimburse the amount so incurred on the medical treatment. The said writ petition was disposed of vide order dated 01.08.2016 giving liberty to the petitioner to approach the respondent no.4-Senior Superintendent of Police, Lucknow for ventilation of his grievance by making a representation which shall be considered and decided by the respondent no.4 in accordance with law. It was also observed that the Senior Superintendent of Police, Lucknow while considering the matter under this order shall also give finding as to whether provisions of Uttar Pradesh Government Servant (Medical Attendance) Rules, 2011 are applicable to the case of the petitioner or not. The petitioner preferred a representation in compliance to the order of this Court dated 01.08.2016, which has been rejected by impugned order dated 29.09.2016 on the ground that the claim has been settled before issuance of the U.P. Government Servants (Medical Attendance), Rules, 2011. Hence, this petition.