Serial No. 17 Regular Cause List HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 1733/2023 MANZOOR AHMAD BHAT … Petitioner(s) Through: Mr. Hussain Rashid, Advocate Vs. UT OF J&K AND OTHERS ...Respondent(s) Through: Mr. Faheem Shah, GA CORAM: HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE ORDER 22.04.2025 1. In the instant petition filed under Article 226 of the Constitution of India, the petitioner herein while working with the respondents as an employee is stated to have suffered an ailment requiring immediate medical treatment within and outside of the then State of J&K and after availing the said medical treatment, the petitioner submitted the medical reimbursement claim before the official respondents, however, the said respondents did not settle and release the said medical reimbursement claim without any lawful justification compelling the petitioner to approach this Court through the medium of the instant petition for seeking settlement and release of the medical reimbursement claim as also for payment of compensation of Rs. 10.00 lacs for delaying the settlement and reimbursement of the said claim. 2. The respondents herein have filed reply to the petition, wherein it is admitted that the petitioner being the employee of the department during the service suffered from a life threatening disease and was treated at Government Medical College, Srinagar and subsequently referred to M.N. Orthopaedic Hospital, Chenni for treatment on account of non-availability of the treatment in Government Medical College, Srinagar, while stating further that subsequently the petitioner submitted a medical reimbursement claim amounting to Rs.797505/- consisting of Rs. 2,52858/- (incurred during service) and Rs. 544647/- (incurred after the retirement). It is further stated that the matter of medical reimbursement claim of the petitioner on its receipt by the department was taken up with the Administrative Department as well as the Finance Department which consequently granted concurrence thereto in terms of J&K Civil Services ( Medical Attendance and Allowances) Rules of 1990 for the payment to the medical reimbursement claim of the petitioner subject to the fulfillment of various conditions including that the petitioner shall submit all medical bills/vouchers for verification. Heard learned counsel for the parties and perused the record. 3. According to the counsel for the petitioner, despite the concurrence accorded to the settlement and payment of medical reimbursement claim by the Finance Department, the respondents did not settle and release the said medical reimbursement claim in favour of the petitioner without any lawful justification. 4. On the contrary, the counsel for the respondents, however, would submit that the delay in settlement and release of the medical reimbursement claim in favour of the petitioner occurred on account of the failure of the petitioner to fulfill requisite formalities including non-furnishing of requisite relevant documents despite having been called upon to do the needful. The counsel for the respondents in this regard produced copy of communication dated 19.03.2025 addressed by the Chief Horticulture Officer, Bandipora, to the petitioner. 5. The counsel for the petitioner, however, would submit that the parties has completed all the formalities and has even submitted necessary requisite documents and in this regard produced a copy of communication dated 20.12.2022 addressed by Financial Advisor/CAO of the Horticulture Department to Director Horticulture. 6. Having regard to the nature of controversy involved in the instant petition, the respective pleadings of the parties inasmuch as the aforesaid contentions of the appearing counsel for the parties the instant petition is taken up for final disposal at this stage with the consent of the learned appearing counsel for the parties and is disposed of as under:- i. The petitioner herein shall approach the Office of respondents 2 & 3 along with all documents which he may have furnished to the respondents and also those which the respondents claimed to have not been furnished to them, within 10 days time from today and submit all necessary requisite documents which may required by the respondents whereafter the respondents shall settle and release the medical reimbursement claim of the petitioner without any further delay preferably within a period of six weeks thereafter. ii. In the event the respondents delay the settlement and payment of the said medical reimbursement claim in favour of the petitioner, after the aforesaid stipulated period, the respondents shall be liable to pay interest upon the said amount of medical reimbursement claim to the petitioner @ 7% till the date of actual payment. 7. Disposed of. (JAVED IQBAL WANI) JUDGE SRINAGAR: 22.04.2025 “S.Nuzhat”