Allahabad High Court
VIJAY PAL SINGHversusSTATE OF U.P. AND 5 OTHERS
- Decided
- Bench
- PRAKASH PADIA
Holding
The court held that the petition must be disposed and the petitioner directed to file a fresh representation before the Chief Medical Officer, who will then decide the matter expeditiously.
Summary
Vijay Pal Singh filed a writ petition seeking mandamus to compel the Chief Medical Officer (CMO) of Rampur and other respondents to release his sanctioned medical reimbursement and to ensure future claims are processed per the U.P. Government Servants (Medical Attendance) Rules, 2011. The petitioner later limited his prayer to directing the CMO to decide a representation dated 05.05.2025. The court noted that no counter‑affidavit had been filed and, after hearing counsel, held that the petitioner must first file a fresh representation setting out all grievances before the CMO. The court directed the petitioner to submit this fresh representation within two weeks, after which the CMO would decide the matter expeditiously. Consequently, the petition was disposed without granting mandamus.
Issues considered
- Whether the court can issue a writ of mandamus directing the Chief Medical Officer to release pending medical reimbursement amounts.
- Whether the petitioner must first file a fresh representation before the court can entertain a mandamus application.
Subjects
- medical reimbursement
- mandamus
- U.P. Government Servants (Medical Attendance) Rules, 2011
- writ petition
- administrative law
- public servant
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 13327 of 2025
Vijay Pal Singh
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Astitva Srivastava, Pankaj Kumar
Srivastava
Counsel for Respondent(s) : C.S.C.
Court No. - 6
HON'BLE PRAKASH PADIA, J.
1. Despite time granted by this Court, no counter affidavit has been filed
till date.
2. The petitioner has preferred the present petition with the following
prayers:
(I) Issue a writ, order or direction in the nature of mandamus
commanding the respondent no.2 and 3 to immediately release
the entire sanctioned as well as admissible medical
reimbursement amount of the petitioner, along with all pending
claims, within a stipulated time period.
(II) Issue a writ, order or direction in the nature of mandamus
commanding the respondents to ensure all future medical
reimbursement claims of the petitioner are duly processed and
paid strictly in accordance with the U.P. Government Servants
(Medical Attendance) Rules, 2011 without any delay or
obstruction.
(III) Issue a writ, order or direction in the nature of mandamus
WRIA No. 13327 of 2025
2
commanding Respondent No.2, the Chief Medical Officer,
Rampur, to take appropriate decision/action over the
petitioner's representation dated 05.08.2025 (Annexure-13)
regarding the reimbursement of the medical claims highlighted
therein, strictly in accordance with law, within a stipulated
time frame.
3. After some arguments, learned counsel for the petitioner confined his
prayer only to the prayer No.3, i.e,., to direct the respondent No.2/Chief
Medical Officer, Rampur to decide the representation dated 05.05.2025.
4. It is argued by learned Standing Counsel that respondent No.2 will take
a decision in the matter expeditiously.
5. Heard learned counsel for the parties and perused the record.
6. In the facts and circumstances of the case, the present petition is
disposed of directing petitioner to submit fresh representation ventilating
all his grievances before the respondent No.2/Chief Medical Officer,
Rampur within a period of two weeks from today along with certified
copy of this order. In case, the petitioner does so, the respondent No.2
will take a decision in the matter expeditiously.
(Prakash Padia,J.)
May 18, 2026
saqlain
Digitally signed by :-
SYED MOHAMMAD SAQLAIN HAIDER
High Court of Judicature at Allahabad
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