Neutral Citation No. - 2025:AHC-LKO:16554 Court No. - 18 Case :- WRIT - A No. - 2080 of 2025 Petitioner :- Umesh Mishra Respondent :- State Of U.P. Thru. Prin. Secy. Irrigation Deptt. U.P. Lko. And 2 Others Counsel for Petitioner :- Akash Dhar Dubey Counsel for Respondent :- C.S.C. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for petitioner and learned Chief Standing Counsel for respondents. The petitioner through this petition has prayed for the following reliefs:- "i. Issue a writ, order or direction in the nature of certiorari thereby quashing the impugned order dated 22/10/2024 contained in the Annexure No. 6 by which the petitioner's Medical Claim is rejected. ii. Issue a writ, order or direction in the nature of mandamus commanding the opp no. 2 to condone the delay due to which medical was time barred, accept the same and decide the claim on merit. iii. Issue a writ, order or direction in the nature of mandamus commanding the opposite party No. 3 to decide the representation contained in the Annexure No. 7 to this writ petition. iv. Issue any other suitable order or direction which this Hon'ble Court may deem fit just and proper under the circumstances of the case in the favour of the petitioner. V. Allow the writ petition of the petitioner with costs." Learned counsel for the petitioner submits that the petitioner retired from the post of Tubewell Operator on 30.06.2015. He submits that, all of a sudden, the petitioner was diagnosed with cancer and was admitted to Medanta Hospital, Lucknow, on 29.12.2020. After recovery, he claimed for medical reimbursement from the opposite party No. 2, which was rejected vide an order dated 22.10.2024, a copy of which has been annexed as Annexure-6 to the petition, on the ground that it was time- barred. Learned standing counsel opposed the contentions of the learned counsel for the petitioner. However, he could not dispute the fact that the order was passed by an authority who was not authorized under the Rules to pass such an order. Perused the record. A perusal of the record shows that the petitioner’s case is governed by the Uttar Pradesh Government Servant (Medical Reimbursement) Rules, 2011 (hereinafter referred to as 'Rules'). Clause 23 of these Rules provides a time limit within which a claim must be made. It is stipulated that, under ordinary circumstances, the said claim must be made within three months. In case of any delay, the claim must be processed only after obtaining due approval from the Secretary of the Department. A perusal of the impugned order dated 22.10.2024 makes it clear that the petitioner’s claim was rejected by respondent No. 2, i.e., the Executive Engineer, Irrigation Department, Irrigation Unit-2, District Deoria. The respondent No. 2 had rejected the claim at his own level without seeking approval from the departmental Secretary, who, according to the Rules, would have been competent authority to decide the aspect with regard to the limitation within which the medical reimbursement could be processed. Accordingly, there is no doubt that respondent No. 2 was devoid of any authority to consider and pass an order regarding the petitioner’s medical claim, given that the claim was submitted beyond the period of three months. Even if the reimbursement claim was submitted after the three- month period, it was incumbent upon the concerned authority to forward it to the competent authority, i.e., the Secretary of the Department, who could have passed the order. Accordingly, the writ petition is allowed, and the impugned order dated 22.10.2024 is hereby quashed. Respondent No. 2 is directed to forward the petitioner’s claim to respondent No. 1 within one week from the date of receipt of a certified copy of this order. Thereafter, respondent No.1 shall consider the petitioner’s claim by passing a speaking and reasoned order within a further period of four weeks. Order Date :- 21.3.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench