HC: legal heir can make expenses claim if govt staff dies during treatment

Lucknow: A Lucknow bench of Allahabad high court has said that if a government employee or pensioner dies during treatment or becomes incapable of making a claim, their legal heirs can also claim reimbursement of medical expenses.The bench of Justice Alok Mathur and Justice Amitabh Kumar Rai passed the verdict on a petition filed by one Chandrachoor Singh.The petitioner's father was a retired deputy registrar. He was being treated at a private hospital in Lucknow, where he passed away during treatment. The petitioner applied for reimbursement of medical expenses but the department rejected the claim, stating that only the "beneficiary" can make a claim under the rules.The state government argued that under the Uttar Pradesh Government Servants (Medical Attendance) Rules, 2011, a claim can only be made by a beneficiary and the petitioner did not fall within this category. It also cited the limit of Rs 5,000 set out in the succession certificate submitted by the petitioner.The court rejected this argument of the state government stating that the provisions of rule 16 of the Rules, 2011 were arbitrary and violated Article 14 of the Constitution. The court held that if a beneficiary dies or becomes incapable of making a claim, his or her legal heirs cannot be deprived of this right.Applying the principle of "reading down", the court directed that Rule 16 be interpreted to include legal heirs, especially when there is no other eligible beneficiary.The court also clarified that if there is no dispute about being an heir, it is not appropriate to reject the claim merely on technical grounds.The court directed the authority concerned to reconsider the petitioner's claim and take a decision within two months and if the claim is found to be correct, payment should be ensured within one month.