Neutral Citation No. - 2025:AHC-LKO:12775 Court No. - 6 Case :- WRIT - A No. - 2412 of 2025 Petitioner :- Utpal Kumar De Respondent :- State Of U.P. Thru. Prin. Secy. Irrigation Water Resources Deptt. Lko And Another Counsel for Petitioner :- Rakesh Kumar Maurya Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. 1. Heard Sri Rakesh Kumar Maurya, learned counsel for petitioner as well as learned Standing Counsel for respondents. 2. Learned counsel for petitioner has sought a direction to respondents to release the full amount of medical reimbursement claimed by the petitioner on account of his treatment as an outdoor patient in the department of Endocrinology, Neurology and Urology at Sanjay Gandhi Institute of Medical Sciences, Raebareli Road, Lucknow. 3. The petitioner has submitted a claim of an amount of Rs. 140118/- while the respondents had cleared the amount of Rs. 133122/- and stated that 5% of the amount is being deducted as per the Uttar Pradesh Government Servant (Medical Prescription) (Third Amendment) Rules, 2021. 4. In the impugned order, it has also been stated that the petitioner had agreed for the deduction of 5% of the reimbursed amount and the remaining amount has been paid to him. The question is whether the respondents could have retained an amount of 5%. In this regard, this Court has perused the notification dated 05.11.2021 whereby the provisions of Uttar Pradesh Government Servant (Medical Prescription) (Third Amendment) Rules, 2021 were amended and previously the provisions of Rule 10 provided for clearance of the reimbursed amount in case the government servant agrees for a deduction of 5% in the claim made by him. 5. As per the amended provision, now the government servant is entitled to full medical reimbursement of his claim and the provision of 5% deduction has been deleted and is no longer part of the reimbursement rules. 6. Considering the fact that treatment of the petitioner was between 16.09.2022 and 27.10.2023 which is after coming into force of the Uttar Pradesh Government Servant (Medical Prescription) (Third Amendment) Rules, 2021, accordingly there does not seem to be any justification to the respondents to have implemented the rules existing prior to Uttar Pradesh Government Servant (Medical Prescription) (Third Amendment) Rules, 2021 and accordingly the petitioner is entitled for being fully reimbursed for the amount of money claimed by him for his medical treatment. 7. 7. In light of the above, the writ petition is allowed. The respondent No. 2 is directed to pass a fresh order taking into account the amended provision of Uttar Pradesh Government Servant (Medical Prescription) (Third Amendment) Rules, 2021. Let the said exercise be conducted expeditiously, say, within a period of four weeks from the date a certified copy of this order is produced before him. 8. Let the amount retained by the respondents are directed to pay the petitioner expeditiously, say, within a period of three weeks of passing of the fresh order. (Alok Mathur, J.) Order Date :- 4.3.2025 Ravi/ Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench