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2026 DAILYLAW 7306 (CHH)

VIRENDRA KUMAR MOJESH v. STATE GOVT. OF CHHATTISGARH

WPS/6308/2022 · 2026-04-23

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 2026:CGHC:19061 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6308 of 2022  Virendra Kumar Mojesh S/o Late Shri Jorg Mojesh Aged About 65 Years Retired Head Master, Baxi Nagar, Main Road, Lakholi, District : Rajnandgaon, Chhattisgarh ... Petitioner versus 1. State Govt. Of Chhattisgarh Through The Secretary, School Education Department Mahanadi Bhawan, Police Station Rakhi, New Raipur, Chhattisgarh. 2. Divisional Joint Director Education Division, Durg, Chhattisgarh. 3. District Education Officer Rajnandgaon, Chhattisgarh. ... Respondent(s) For Petitioner : Mr. Shashi Kumar Kushwaha, Advocate along with Mr. Satya Kumar Mandloi, Advocate For State : Mr. Abhishek Singh, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 24.04 .2026 1. By way of this petition, the petitioner has sought the following relief(s):- “10.1 That, Hon'ble Court may kindly be pleased to quash impugned order dated 08-06-2021 annexure P-1 issued by respondent no. 2 Divisional Joint Director Durg Division and to order him to pay the medical bill of Rs. 2,45,530.00 with interest @ 18% from the date due till the date of payment. 10.2 That cost of litigation and any other relief which the Hon'ble Court deems fit may kindly also be awarded.” 2. Facts in brief are that the petitioner retired from post of Head Master, Middle SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2026.04.25 11:46:46 +0530 2 School, Parrikala, District Rajnandgaon on 30.11.2011. The petitioner submitted medical bills for reimbursement for period from 16.10.2007 to 06.11.2011 to the tune of Rs. 2,45,550/- before the respondent authorities on 15.02.2011. The authority concerned scrutinized the medical bills in the light of the provisions contained in Rule 13(1) of the Chhattisgarh Civil Services (Medical Attendance) Rules, 2013 (for short Rules, 2013) and the medical bills for period from 16.10.2007 to 18.07.2010 to the tune of Rs. 1,74,315/- were rejected on the ground that they were not presented within stipulated time, whereas, the medical bills for period from 19.06.2010 to 06.11.2011 to the tune of Rs. 72,215/- were sanctioned. 3. Learned counsel for the petitioner would submit that the petitioner retired from services on 30.11.2011 and prior to said date medical bills were presented before competent authority. He would submit that the respondent No. 2 committed error of law while rejecting claim of the petitioner for period 16.10.2007 to 18.07.2010. He would pray to allow this petition. 4. On the other hand, learned counsel appearing for the State would oppose. He would submit that the claim for medical reimbursement was not made within a period of 6 months from the date of incurring expenses, therefore, some of the claims, which were beyond period of six months were rejected, whereas, the claims for medical reimbursement, which was made within period of six months were honoured. He would submit that the petition is misconceived and deserves to be dismissed. 5. I have heard learned counsel for the parties and perused the documents placed on record. 6. Rule - 13 of the Chhattisgarh Civil Services (Medical Attendance) Rules, 3 2013 deals with Claim for medical re-imbursement and same is reproduced herein-below :- “Rule - 13. Claim for medical re-imbursement. (1) For medical expenses, re-imbursement an application in Form-I shall be submitted to Controlling Officer within a period of six months from the date of incurring expenses: Provided that where the employee himself is Controlling Authority, the calculation of six months period shall be made with reference to date of submission of demand to the Treasury Officer. (2) Along with each application submitted under sub-rule (1) of this rule, the requisite certificate in Form-II duly signed by Authorised Medical Attendant and cash memo receipt in relation to the payments for the expenditure of the treatment and room rent duly countersigned by him shall be submitted: Provided that where the medicines prescribed by Authorized Medical Attendant are out of the rate list of medical stores depot, in such cases, where he himself is not Authorised Medical Attendant, the requisite certificates shall be countersigned by the Civil Surgeon/District Ayurved Officer, as the case may be: Provided further that having obtained treatment in Medical College, it shall be countersigned by Controlling Officer, Joint Director-cum-Superintendent/Deputy Director of the Hospital. 7. Bare reading of the above-quoted provision would make it clear that for medical expenses reimbursement application should be submitted before the authority concerned within a period of six months from the date of incurring expenses. In the present case, the petitioner submitted claim for medical reimbursement after expiry of six months and this fact is evident from perusal of Annexure P/1. In scrutiny, eight claims of the petitioner were found within prescribed period as mentioned in the Rule 13 of the Rules, 2013 and sum of Rs. 72,215/- was sanctioned and disbursed. The remaining bills were presented beyond period of six months; therefore, the claim of the petitioner with regard to those medical bills were rejected. It appears that the 4 competent authority took decision strictly in accordance with the Rule 13 of the Rules, 2013. Thus, I do not find any good ground to interfere. Accordingly, this petition fails and is hereby dismissed. Sd/- (Rakesh Mohan Pandey) JUDGE $iddhant