Neutral Citation No. - 2025:AHC:44340 Court No. - 4 Case :- WRIT - A No. - 18440 of 2024 Petitioner :- Daya Nand Chand Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Grijesh Tiwari Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. Heard learned counsel for the parties. 2. By means of this petition filed under Article 226 of Constitution of India, the petitioner has prayed for a writ of mandamus to the respondents to pay his gratuity as well as medical reimbursement. 3. It is contended that the medical reimbursement claim of the petitioner though was recommended to be paid under the order passed by the District Basic Education Officer, District Kushinagar dated 22.03.2024 but the same remained unpaid to the petitioner and the plea taken in the personal affidavit was that the medical reimbursement could be made admissible only in those cases where the employee is covered under the old pension scheme and has been withdrawing pension. This opinion has been expressed in the affidavit vide paragraph no.13 on the basis of the provisions contained under the Uttar Pradesh Government Servant (Medical Reimbursement) Rules, 2011. 4. Sri Grijesh Tiwari, learned counsel for the petitioner has filed a reply to this personal affidavit in which he has annexed the order dated 28.03.2025 passed by the Assistant Director of Education (Serviced-2) on behalf of Director of Education (Basic), U.P., Prayagraj in which the petitioner has been held to be entitled to the benefit of the old pension scheme and old pension scheme has come to be sanctioned accordingly to him with effect from 30.04.2023, the date when petitioner attained the age of superannuation. Name of the petitioner, Daya Nand Chand appears at Item No.160 of the order dated 28.03.2025. 5. Learned Standing Counsel has although tried to defend the stand taken in paragraph 13 for a limited purpose that earlier recommendation was made under a wrong impression but now he could not dispute that the order dated 28.03.2025 passed by the Director of Education (Basic), U.P., Prayagraj whereby petitioner has been awarded benefit under the old pension scheme. 6. In view of the above, the stand taken in paragraph 13 of the personal affidavit is rendered baseless and accordingly petitioner is held entitled to medical reimbursement in the light of the order passed oin behalf Director of Education (Basic) dated 28.03.2025. 7. This petition stands disposed of with a writ of mandamus commanding respondent no.2 to immediately release the entire medical reimbursement claims of the petitioner that has come to be finalised and recommended under the order passed by the District Basic Education Officer, Kushinagar dated 22.03.2024. The appropriate payment order shall be issued within a maximum period of three weeks of presentation of certified copy of this order failing which the concerned respondents shall be liable to pay interest @ 12 per cent upon such delayed payment from the date 28.03.2025 till the actual payment is made. Order Date :- 1.4.2025 Deepika Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad