Legal Heirs Gain Rights to Medical Reimbursement After Landmark Court Ruling

The Lucknow bench of Allahabad High Court has ruled that legal heirs of deceased or incapacitated government employees can claim medical expenses. The court criticized the current policy as arbitrary and ordered a review of a rejected claim. This sets a precedent for equitable reimbursement under the Medical Attendance Rules.

In a significant ruling, the Lucknow bench of the Allahabad High Court has emphasized the rights of legal heirs to claim reimbursement for medical expenses of deceased or incapacitated government employees. This comes after the court criticized the Uttar Pradesh Government Servants (Medical Attendance) Rules, 2011, as arbitrary and against constitutional provisions.

The decision was reached in the case of Chandra Choor Singh, whose father, a retired deputy registrar, passed away while undergoing treatment at a private hospital in Lucknow. Despite the department's rejection of Singh's claim on technical grounds, the court ruled that the legal heirs should not be denied the right to reimbursement.

The court has directed the state to reconsider Singh's claim urgently, setting a potential precedent for similar cases in the future. By invoking the principle of 'reading down' the rules, it now paves the way for equitable treatment of legal heirs under the reimbursement policy, ensuring protection of their rights.

(With inputs from agencies.)