Excelsior Correspondent
Srinagar, May 27: Observing that the authorities can relax the operation of rules with regard to medical reimbursement to the Government employee, High Court has directed for considering the claim of the petitioner-employee for medical expenditure on his wife.
The petitioner-Jameel Nawab seeking medical reimbursement incurred on his wife who was in a private hospital outside the J&K for treatment of chronic disease during COVID period in November 2020 where she was operated and after coming back and joined his duties, he approached his department for reimbursement of the claim after fulfilling all the necessary prerequisites.
His claim has been rejected on the ground that the hospital from which the treatment was obtained by his wife was not an enlisted hospital in terms of Rule 6(a) of the Jammu and Kashmir Medical Attendance-cum-Allowance Rules, 1990.
Justice Rajnesh Oswal while allowing the plea of the petitioner said that when the treatment was obtained by the wife of the petitioner, there was COVID19 Pandemic as such it is a fit case where the respondents can relax the operation of the Rules as the operation of the same is causing unwarranted and undue hardship to the petitioner.
Having regard to the peculiar facts and circumstances of the case, coupled with the mandate of law, Justice Oswal allowed the plea directed the authorities to consider the claim of the petitioner for reimbursement of medical expenditure in accordance with the spirit of the rules.
Court directed that the authorities pass fresh orders in light of the judicial precedents as observed within a period of two months from the date a copy of this order is served upon the respondents.
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