BRIJESH BAHADUR SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) This writ petition is directed against an order passed by the Secretary, Prayagraj Development Authority, Prayagraj dated February the 4th, 2023, rejecting the petitioner's claim for reimbursement of medical expenses incurred on his wife's treatment.

(2.) The petitioner is a retired Junior Engineer, who was in the employ of the erstwhile Allahabad Development Authority, Allahabad. He retired on 31/7/2017 upon attaining the age of superannuation. The Allahabad Development Authority, Allahabad has since been re-named as the Prayagraj Development Authority, Prayagraj, and the petitioner, therefore, is a retired employee of the last named Authority. The Prayagraj Development Authority, Prayagraj shall hereinafter be referred to as 'the PDA'.

(3.) The petitioner has disclosed in minute detail facts relating to his recruitment in the PDA, his regularization in service, the amendments made to rules affecting his service at different points of time, but all that is unnecessary for the purpose of the issue that arises in this petition. What is of significance is that while the petitioner was in service of the PDA, the Under Secretary, Department of Planning and Development, Government of U.P., addressed a memo dtd. 17/4/2012 to the Vice-Chairmen of all the Development Authorities, established under the Uttar Pradesh Urban Planning and Development Act, 1973 (for short, 'the Act of 1973'), conveying the Government's inclination to extend the provisions of the Uttar Pradesh Government Servants (Medical Attendance) Rules, 2011 (for short, 'the Medical Attendance Rules, 2011') to employees of the Development Authorities. All the Vice-Chairmen of Development Authorities across the State were required to give their consent, indicating that the Development Authority is capable and willing to bear the financial burden of adopting the Medical Attendance Rules, 2011 for employees of their respective Development Authorities. This was true of the PDA also, the Vice-Chairman whereof had to consent in order that the Medical Attendance Rules, 2011 would become available to the employees. A reminder on March the 5th, 2013 was addressed by the Under Secretary, Government of U.P. to the Vice-Chairmen of Development Authorities across the State, asking them to send their consent for adoption of the Medical Attendance Rules, 2011.