CWP-11755- IN T 244 C.Jacob State of Punjab CORAM: H Present : M M M M M AMAN CHAU 1. Pr respondents to for breast canc 15.11.2016 to Rs.28,445. Th P-2. 2. It seriously unwe level best to g health on 22.09 Surgeon, Hosh Company for discernible fro Kaur, on beha ought to have -2019 IN THE HIGH COURT OF PUNJ AT CHANDIGAR CW D Versus Punjab and others HON'BLE MR. JUSTICE AMA Mr. Rahul Rana, Advocate for Mr. V.K. Gupta, Advocate for the Mr. Charanpreet Singh, AAG, Pun Mr. B.S. Kanwar, Advocate for re Mr. Arjun Kundra, Advocate for ***** CHAUDHARY, J. (Oral) Prayer made in the present p nts to release the medical claim of th st cancer from PGI w.e.f. 01.08.2016 16 to 31.12.2016, expenditure th 5. The chronic disease certificate ha It has been averred in para 7 of unwell, engrossed in her treatment a t to get fit again. It is immediately n 22.09.2017, she had submitted her bi , Hoshiarpur and on 25.05.2018, the y for clearance to the said office. le from para 8 of the reply by way o behalf of Insurance Company-respo have been filed within 30 days fr 1 PUNJAB & HARYANA IGARH CWP-11755-2019 Date of decision: 15.01.2025 ...Petitioner ...Respondents AMAN CHAUDHARY or the petitioner. G, Punjab. for respondent No.2. for respondent Nos.3 and 4. sent petition is for directing the of the petitioner that she had taken 8.2016 to 28.10.2016 and thereafter re thereof incurred by her was ate has also appended as Annexure 7 of the petition that she remained ent and with perseverance tried her diately after regaining certain good her bills at the first instance to Civil 8, the file was sent to the Insurance office. The primary reason, as is way of affidavit of Mrs. Gurupdesh respondent No.3, is that the claim ays from the date of discharge at the aken after was xure ined d her good Civil ance as is desh laim e at HAMANT 2025.01.17 17:20 I attest to the accuracy and integrity of this document CWP-11755- hospital, while remedy to rai Committee con Assistant Com approaching th 3. Th CWP-12162- similar issue, w to controvert r the aforementi read thus:- -2019 while it was received on May 2018 to raise her grievance before the tee constituted by the Govt. of Punja t Commissioner, Grievances of the ing this Court. This Court in Sarbjit Kaur vs. S -2018, disposed of the matter ssue, which learned counsel for the re vert regards factual position and draw ementioned judgment or cite any con “In the present petition, g petitioner is that the claim reimbursement has been Insurance Company on th submitted after 30 days of l Learned counsel for the pet view the judgment of the LPA No.629-2020 titled as Limited vs. Maninder Sing on 30.03.2022 the said gro for medical reimbursement and direction has been give process the claims of the benefit of medical reimb clause. Learned counsel for the p keeping in view the order of this Court in Maninde respondents are under an ob of the petitioner for medica Learned counsel appearing Company does not dispute settled in Maninder Singh that the claim of the petition has not been submitted to t respondent-department and directed to submit the cl Insurance Company so tha passed on the claim of reimbursement. 2 2018 and that the petitioner has a the District Grievance Redressal Punjab under the Chairmanship of of the concerned District, before r vs. State of Punjab and another, atter on 01.10.2024 involving the the respondents have not been able d draw out any distinctive aspects in ny contrary law, the relevant paras tion, grievance being raised by the claim of the petitioner for medical been rejected by the respondent- on the ground that the same was ys of leaving the hospital. the petitioner submits that keeping in Division Bench of this Court in tled as Oriental Insurance Company r Singh Patwari and others decided id ground for rejection of the claim sement has been found to be illegal n given to the Insurance Company to f the employees, who are claiming reimbursement ignoring the said the petitioner further submits that order passed by the Division Bench aninder Singh Patwari (supra), the r an obligation to consider the claim edical reimbursement. earing for the respondent-Insurance dispute the said proposition of law Singh Patwari (supra), but submits petitioner for medical reimbursement ed to the Insurance company by the nt and the respondent-department be the claim of the petitioner to the so that comprehensive order will be m of the petitioner for medical as a essal ip of efore , the able ts in paras the dical - was ng in rt in pany ided laim legal ny to ming said that ench , the laim ance law mits ment y the nt be the ill be dical HAMANT 2025.01.17 17:20 I attest to the accuracy and integrity of this document CWP-11755- 4. In before the said weeks, the de referred judgm Court and a d which this Cou in a just, fair an offered to her say, if the orde and petitioner s 5. D 15.01.2025 Hemant Whether Whether -2019 Learned counsel for the res documents, which have bee by the respondent-departm Insurance Company within today. Learned counsel for the Ins claim of the petitioner for m considered on merit and ap be passed within a period receipt of documents from whatever benefit the petitio same will be released to her Learned counsel for the pet view the statement made by as learned counsel fo Company, the present petit having been not pressed a petitioner to avail appro petitioner is still aggrieved Ordered accordingly.” In view of the above, the petition he said Committee and in case it is the delay shall not come in her way judgment and the fact that the petition d a decision on the same be taken is Court has no reason to believe the , fair and reasonable manner. Upon doi her and if found entitled, grant the e orders are adverse to her interest, t tioner shall be free to seek legal redress Disposed of accordingly. hether speaking/reasoned : hether reportable : 3 the respondent-State submits all the ve been received from the petitioner epartment will be forwarded to the within a period of 04 weeks from the Insurance Company submits that r for medical reimbursement will be and appropriate speaking order will eriod of 08 weeks from the date of s from the respondent-State and for petitioner is found entitled for, the to her. the petitioner submits that keeping in ade by learned State counsel as well el for the respondent-Insurance t petition may kindly be disposed of ssed any further with liberty to the appropriate remedy in case, the ieved in any manner. petitioner is relegated to the remedy it is invoked within a period of 4 er way, keeping in view the afore- etition remained pending before this taken, within a period of 4 months, ve the authorities would not address on doing so, after notice and hearing nt the benefit forthwith. Needless to erest, the same shall contain reasons redress thereupon. (AMAN CHAUDHARY) JUDGE : Yes / No : Yes / No ll the ioner the from that ill be will te of d for , the ng in well ance ed of the the edy of 4 - this nths, dress aring ss to sons HAMANT 2025.01.17 17:20 I attest to the accuracy and integrity of this document