KAPOOR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present civil writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari seeking quashing of the order dtd. 29/10/2025 (Annexure P-6), vide which claim of the petitioner for release of medical reimbursement to the tune of Rs.20,30,000.00 has been rejected and further to issue a writ in the nature of mandamus directing the respondents to release full amount of the medical claim along with interest @18% per annum till the date of actual realization.

(2.) Learned counsel for the petitioner, inter alia, contends that the petitioner was serving the respondent-Corporation and on attaining the age of superannuation, he retired from the post of CDM. Further, since his birth, son of the petitioner was being diagnosed with major heart disease and his heart transplantation was recommended. Thereafter, the petitioner got enrolled his son in approved hospitals for transplantation and when no donor was found there, he got enrolled his son in MGM Healthcare Pvt. Ltd., Chennai. After receiving an information with regard to availability of heart donor, the petitioner got admitted his son in the said hospital for treatment, where surgery was conducted on 23/8/2023, however, unfortunately, his son could not survive and was declared dead on the next day i.e. 24/8/2023, as discernible from his death certificate (Annexure P-1). Thereafter, the petitioner applied for medical reimbursement of an amount of Rs.20,30,000.00, however, only an amount of Rs.10,08,246.00 has been reimbursed by the respondent-Corporation vide sanction order dtd. 17/7/2025 (Annexure P-4).

(3.) Learned counsel for the petitioner further contends that son of the petitioner was operated under emergency circumstances and his treatment was taken from a non-empanelled hospital, as no donor was available in the empanelled hospital. Further, the petitioner submitted a representation dtd. 13/8/2025 (Annexure P-5) to reimburse the full amount of medical claim, which was decided vide impunged order (Annexure P-6), by holding that medical reimbursement to the tune of Rs.10,08,0246.00 has rightly been released and no reasons have been recorded in the said order. As such, the impugned order is illegal, discriminatory and against the settled law. Learned counsel for the petitioner relies upon a judgment rendered by the Coordinate Bench of this Court in Harpal Singh Vs. State of Haryana and another, 2025 NCPHHC 25294 and submits that case of the petitioner is squarely covered by this judgment.