Himachal Pradesh High Court Quashes Deduction of Relief Fund from Medical Reimbursement

Court Rules Deduction Arbitrary and Orders Full Reimbursement Without Deductions for Retired Police Inspector

In a significant ruling, the Himachal Pradesh High Court has quashed the deduction of Rs. 1,25,000 received under the Chief Minister's Relief Fund from the medical reimbursement claim bills of a retired police inspector, Pritam Marshal. The court deemed the deduction arbitrary and unjust, ordering the state to reimburse the full medical claim without any deductions.

The judgment, delivered by Justice Ajay Mohan Goel, addressed the grievance of Pritam Marshal, who retired as an Inspector from the Police Department. Marshal's son, who suffered from chronic kidney disease, was undergoing costly treatments, leading Marshal to seek financial aid from the Chief Minister's Relief Fund in 2012. The fund provided Rs. 1,25,000 for his son's treatment, which was not conditional on future reimbursement claims.

In 2021, following the unfortunate demise of his son, Marshal's medical reimbursement claims were processed, but the state ordered a deduction equivalent to the amount received from the relief fund. The court found this action harsh and lacking justification, noting the absence of any evidence suggesting misuse of the funds or double reimbursement by Marshal.

The High Court emphasized the need for compassion and ruled that no conditions were attached to the relief fund that warranted such deductions. The court's decision mandates the state to process Marshal's medical reimbursement claims in full, without the unlawful deduction, thereby upholding the rights of individuals to receive due entitlements without arbitrary reductions.

Bottom Line:

Deduction of amount received under Chief Minister's Relief Fund from medical reimbursement claim bills of a retired government employee was held arbitrary and unjust in absence of any evidence of misuse or double reimbursement.

Statutory provision(s): The judgment does not specify particular statutory provisions but revolves around principles of administrative law concerning compassionate consideration and unjust deductions.

Pritam Marshal v. State of Himachal Pradesh, (Himachal Pradesh) : Law Finder Doc Id # 2814161