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2025:CGHC:15518
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 9227 of 2023 1 - Dheeraj Kumar Arya S/o Lt. Sevak Ram Ajay Aged About 30 Years Posted As Assistant Grade-Ii, At Office Of Block Education Officer, Korba, District Korba (C.G.)
... Petitioner(s) versus 1 - State of Chhattisgarh Through The Secretary Of Department Of Health And Family Welfare, Mahanadi Bhawan, Mantralaya, Atal Nagar, Naya
Raipur,
District
Raipur
(C.G.) 2 - Chief Medical Officer Korba, District Korba (C.G.) ... Respondents (Cause title is taken from Case Information System) For Petitioners : Mr. Awadh Tripathi, Advocate. For Respondents/ State : Ms. Nupoor Trivedi, Panel Lawyer (HON’BLE SHRI JUSTICE BIBHU DATTA GURU)
Order on Board 02/04/2025
1. By the present writ petition, the petitioner who is posted as AG-II in the Office of Block Education Officer, Korba is questioning the internal communication dated 03/11/2023 of the Chief Medical & Health Officer, District Korba to the Block Education Officer, Korba. AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.04.07 17:42:26 +0530
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2.
Learned counsel for the petitioner submits that the petitioner is an employee of the education department of the State Government and the sister of the petitioner, who is handicap, is living with the petitioner and fully dependent upon him. He submits that for the medical treatment of her sister, the petitioner has incurred an expenses of Rs. 2,10,562/-. Thereafter, the petitioner has raised the medical reimbursement before the B.E.O. which was forward to the Chief Health and Medical Officer, Korba on 20/10/2023, however, the application for medical reimbursement has not been considered by the B.E.O. and till date, no decision has been taken on the said application moved by the petitioner. Learned counsel for the petitioner further submits that the Annexure P-1 is an internal communication of the C.M.&H.O, who has intimated the B.E.O. stating that the petitioner’s sister is not coming within the dependent family members as per the relevant rule and the reimbursement of the medical bill cannot be proceeded.
3.
Learned counsel for the State submits that Annexure P-1 which is under challenge is an internal communication between the C.M.& H.O and B.E.O. and the writ petition itself is not maintainable against the said internal communication. Even the writ petition is also not maintainable as no decision has been taken by the B.E.O., who is the sanctioning authority of the medical bill.
Learned counsel for the State further submits that the B.E.O. has not been impleaded as a party and in absence of the final decision of the B.E.O., as well as of non-impleadment of B.E.O. as a necessary party in the writ petition, the writ petition deserves
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4. I have heard learned counsel for the parties, perused the pleadings and documents.
5. It is not in dispute that the sister of the petitioner, who is fully dependent upon the petitioner, is living with him and the petitioner has raised the bill for medical reimbursement for the medical expenses which has been incurred towards the treatment of her sister, the same has been forwarded by the Block Education Officer on 20/10/2023, however, the B.E.O has not taken a decision on the application for reimbursement for medical bill till date, hence, without going into the merits of the case, the writ petition is disposed of with a direction to the Block Education Officer to take appropriate steps in accordance with the relevant existing rule and take decision on the application moved by the petitioner for reimbursement of medical expenses within a period of fifty days.
6. With the aforesaid observation and direction, the writ petition stands disposed of. SD/- (BIBHU DATTA GURU)
JUDGE Amardeep