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

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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