Neutral Citation No. - 2025:AHC-LKO:38925 Court No. - 18 Case :- WRIT - A No. - 4348 of 2025 Petitioner :- Rammoorti Singh Chauhan Respondent :- State Of U.P. Thru. Addl. Chief Secy. Basic Education And 6 Others Counsel for Petitioner :- Asit Srivastava Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. 1. Heard learned counsel for petitioner and learned State Counsel for opposite parties. 2. Petition has been filed seeking a direction to opposite parties for reimbursement of Rs.6,25,258/- in lieu of medical reimbursement towards treatment of petitioner's wife. Further prayer for grant of interest on delayed payment has also been sought. 3. Earlier on 30.04.2025, the following order had been passed:- "Learned Standing Counsel, on the basis of instructions received, has submitted that the petitioner?s medical reimbursement bill could not be approved as the essentiality certificate was not provided. In response, learned counsel for the petitioner has opposed this submission. He has drawn the Court?s attention to a letter dated 20.12.2019 (Annexure No. 8), issued by the Director of Education (Basic), Uttar Pradesh, to the Special Secretary, Department of Basic Education-1, wherein it has been acknowledged that the essentiality certificate and other required formalities were duly completed, and the petitioner?s case was forwarded to the State Government for appropriate action. It has been further drawn attention of the Court towards another letter dated 17.11.2022 (Annexure No. 12), also issued by the Director of Education (Basic), Uttar Pradesh, to the Special Secretary, Department of Basic Education-1, which confirms that the petitioner submitted the essentiality certificate along with other necessary documents. The bill/voucher has been forwarded with the recommendation to the State Government, however, approval by the State Government is still awaited. Submission of learned counsel for the petitioner is that the bill has been pending since 2018 due to the laxity of the State Government. It is submitted that, following a complaint made by the petitioner on the Chief Minister?s Portal, the opposite parties have now begun to dispute previously admitted facts?particularly the submission of the essentiality certificate?only to justify the delay. Submission of learned counsel for the petitioner appears to have force. Accordingly, opposite party no. 1 is directed to file a personal affidavit providing a para-wise reply to the contents of the petition and also to explain the reason for the delay in processing the petitioner?s medical reimbursement bills. Further, the affidavit shall clarify why the interest resulting from such delay should not be recovered from the salaries of the officers responsible. List this matter afresh on 02.07.2025." 4. In pursuance thereof, personal affidavit of Additional Chief Secretary, Basic Education dated 04.07.2025 has been filed in which paragraph-5 it has been stated that the Director of Education informed that a proposal was sent to the Government vide letter dated 20.12.2019 regarding the aforesaid medical reimbursement. In paragraph-6 of the affidavit, it has been submitted that payment could not be made due to non- attachment of mandatory/inevitability certificate counter signed by the treating Doctor/Superintendent of Hospital or any other document to prove claim in special circumstances and therefore, it would be possible to process the claim in terms of Part-3, Rule 11 of the U.P. Government Servant (Medical Care) Rules, 2011 only after receiving the desired documents. In paragraph-9 of the affidavit, it has been stated that the amount of Rs.6,25,258/- has already been sent to the Treasury Officer, Etawah for crediting in the bank account of petitioner which has also been credited in the bank account. 5. Learned counsel for petitioner on the basis of instructions admits that the aforesaid payment has subsequently been made on 27.06.2025. 6. So far as the personal affidavit of official is concerned, it has been admitted in paragraph-5 thereof that a proposal was sent to the Government by the Director of Education on 20.12.2019, it naturally follows that such proposal has been made in terms of the letter which is annexed as annexure no.8 to the writ petition and clearly indicates the fact that bills/vouchers alongwith essentiality certificate have been forwarded to the State Government as par back as December-2019. The said fact was reiterated by the Director of Education in a letter dated 17.11.2022 as has been indicated in the order passed earlier by this Court. 7. In such circumstances, once the answering opposite party clearly admits that original bills and vouchers alongwith essentiality certificates have been sent by the Director of Education, no cogent evidence has been brought on record to dispute the same. The personal affidavit also does not indicate any circumstances to deny claim of petitioner particularly once all the relevant documents have already been sent by the Director of Education. 8. In view of aforesaid facts and circumstances, delay on the parts of Government in processing genuine claim of petitioner is clearly made out. 9. In view of aforesaid, opposite parties are directed to make payment of interest to petitioner @ 6% per annum on the claim of petitioner of amount of Rs.6,25,258/- w.e.f. 01.01.2020 till the date of actual payment i.e. 27.06.2025. Compliance of this order shall be ensured and actual payment shall be disbursed to petitioner within a period of six weeks from the date a certified copy of this order is served upon the concerned authority. In case of any default in payment of this amount within the time prescribed, petitioner shall be entitled for an enhanced interest @ 9% per annum from the date the time period indicated in this order expires. 10. Consequently, the petition succeeds and is allowed. Parties to bear their own cost. Order Date :- 9.7.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench