IN THE HIGH COURT OF
SINDH BENCH AT SUKKUR
Constt. Petition No. D-480 of 2018
|
DATE
OF HEARING |
ORDER WITH SIGNATURE OF
JUDGE. |
For
hearing of main case.
30.11.2023
Mr. Sajjad Hussain Halipoto, advocate for
petitioner
Mr. Shahryar Imdad Awan, AAG
********************
The case of the petitioner is that his late father
was serving as DSP in the Police Department. It is stated that he passed away
due to cardiac pulmonary arrest and that the medical bills that were incurred on
his treatment have remained unpaid, with the claim for reimbursement preferred
in that regard having been declined as being time barred in terms of a letter
dated 21.12.2017 issued by the Section Officer (HIC) Government of Sindh,
Finance Department Karachi. (Annexure-“G” at page 55).
The
operative part of letter reads as follows:-
“Finance Department regrets its inability to accede to the proposal of
Administrative Department regarding reimbursement of medical charges amounting
to Rs. 322,037/- in favour of Mst. Aminat Khatoon w/o late DSP Muhammad Ayoub
Halepoto of District Naushehro Feroz being a time barred case”
As such, in terms of this petition, the petitioner has
assailed that letter and elicited directions for reimbursement of the
aforementioned sum.
On 18.10.2023, the learned AAG was directed to cite
the particular Rule limiting the period within which a party may apply for
reimbursement. Today, he has invited our attention to the Comments submitted on
behalf of the Respondent No.2, under signature of Special Finance Secretary (SR/Admn)
Finance Department Government of Sindh, Karachi, wherein it has been stated
inter alia that:-
“It is respectfully submitted that as per petition, the petitioner has
prayed for reimbursement of Medical charge amounting to Rs.322,037/- in respect
of Mst. Aminat Khatoon wd/o late DSP, Muhammad Ayoub Halepoto who was serving
in Police Department.
In this regard, Finance Department regretted its inability of accede to
the proposal of Administrative Department regarding reimbursement of Medical
Charges amounting to Rs. 322,037/- in favour of Mst. Aminat Khatoon w/o late
DSP Muhammad Ayoub of District Naushehroferoze being a time barred case and
informed to Home Department, Government vide letter dated 21.12.2017 (Annexure-I). The said advice was issued
in the light of letter/advice No. FD(SR-II)11-4458/04, dated 05.07.2005 titled “Previous
year’s Medical Reimbursement Claims” which was circulated to the all
Administrative Secretaries, Government of Sindh, advising there that in future all
medical reimbursement claims which are more than three years old will not be entertained
by Finance Department (Annexure-II)”
However,
the medical bills that have been filed as Annexures ‘A’ to ‘A-7’ to the
petition all relate to the period of August/September 2014, whereas Annexure
‘D’ reflects that the case for reimbursement was initiated at least as far back
as 12.02.2016, within the three year period. Under such circumstances, the
learned AAG does not oppose for entitlement of the petitioner or support the impugned
order dated 21.12.2017. The petition thus stands allowed with directions to the
Respondents to process the claim of the Petitioner and settle the same within a
period of 30 days, in accordance with law.
J U D G E
J U D G E
M. Ali/steno