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2026 DAILYLAW 34513 (CHH)

LAVKESH SINGH v. STATE OF CHHATTISGARH

WPS/7446/2022 · 2026-08-30

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010351402022 2026:CGHC:38333 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7446 of 2022  Lavkesh Singh S/o Ramdhin Singh Aged About 40 Years R/o Police Colony, Mahaveer Parisar Colony, Police Station City Kotwali, Raipur, District : Raipur, Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh Through The Secretary, Home (Police) Department, Mahanadi Bhawan, Mantralaya, Nawa Raipur, Chhattisgarh 2. The Director General Of Police, Chhattisgarh Sector 19, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh 3. The Assistant Inspector General Of Police (Welfare) Police Headquarter, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh 4. The Commandant 18th Battalion, Chhattisgarh Arms Force, Manendragarh, District : Koriya (Baikunthpur), Chhattisgarh ... Respondent(s) For Petitioner : Mr. Kamlesh Kumar Pandey, Advocate For Respondents : Mr. R.C.S. Deo, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Order On Board 31.8.2026 1) By way of this petition, the petitioner has sought following reliefs:- 10.1 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ/ order, thereby setting-aside/quashing the impugned orders dated 06.05.2021 and 17.12.2019, so far 2 it relates to recovery of amount of Rs. 3,72,051/- from the salary of the petitioner and further be pleased to direct the respondent authorities not to recover the amount of 3,72,051/- from the salary of petitioner. 10.2 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given. 2) Facts of the present case are that petitioner, who is working on the post of Head Constable in Chhattisgarh Armed Force met with an accident in December, 2019 and sustained grievous injuries. He was admitted at Jabalpur Hospital Research Centre, Jabalpur where he remained in intensive care unit (ICU) for considerable period. Petitioner approached the respondent authorities for reimbursement of medical expenses and a sum of Rs. 4 lacs was sanctioned by the department on 17.12.2019 and the said amount has been adjusted against salary of the petitioner vide order dated 6.5.2021. 3) Learned counsel for the petitioner submits that petitioner is entitled for benefit of post-facto sanction according to Rule 11 of Chhattisgarh Civil Services (Medical Attendance) Rules, 2013 [hereinafter to be referred as ‘Rules, 2013’] and the action on the part of respondent authorities in adjusting the sanctioned amount against the salary of petitioner is bad in law. He prays to allow this petition. 4) On the other hand, learned State counsel submits that present is not a case of post-facto sanction under Rule 11 of Rules, 2013, 3 rather a sum of Rs. 4 lacs was advanced to the petitioner for medical treatment and the said amount is being adjusted against the salary of the petitioner. He further submits that petitioner should approach the respondent authorities claiming therein re- imbursement of medical expenses and this petition is misconceived. 5) Heard. 6) Perusal of order dated 6.5.2021 would reveal that a sum of Rs. 4 lacs which was advanced to the petitioner for undergoing medical treatment on 17.12.2019. The said amount is being adjusted in 74 equal installments of Rs. 5,000/- and one installment of Rs. 2,051/-. In my considered view, the argument with regard to post- facto sanction appears to be misplaced as in the present case, application was moved by the petitioner for re-imbursement of medical expenses and whether such application has been decided or not has not been disclosed in the instant writ petition. 7) Taking into consideration the above-discussed facts, no case is made out to interfere with the order dated 6.5.2021. Accordingly, this petition is dismissed. However, petitioner may approach the respondent authorities if his claim with regard to medical re- reimbursement has not been considered yet. Sd/- (Rakesh Mohan Pandey) JUDGE A j i n k y a Digitally signed by AJINKYA PANSARE Date: 2026.09.01 10:45:41 +0530