IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.539 of 2008 1. THE STATE OF BIHAR 2. THE DIRECTOR IN CHIEF, HEALTH DEPARTMENT, GOVT. OF BIHAR, PATNA. -APPELLANTS Versus 1. LAL BAHADUR GUPTA, S/O LATE LOK NATH GUPTA, R/O VILLAGE-STATION ROAD SULTANGANJ, P.O. & P.S. SULTANGANJ, DISTRICT-BHAGALPUR, AT PRESENT POSTED AS INCHARGE, MEDICAL OFFICER, REFERAL HOSPITAL, TARAPUR, DISTRICT-MUNGER. -RESPONENT 1ST SET 2. THE JOINT DIRECTOR, HEALTH SERVICE, GOVT. OF BIHAR, PATNA. 3.THE SECRETARY OF FINANCE DEPARTMENT, GOVT. OF BIHAR, PATNA. 4.THE CIVIL SURGEON CUM CHIEF MEDICAL OFFICER, MUNGER, DISTRICT-MUNGER. -RESPONDENTS 5 16.04.2009 Writ petitioner approached this Court for reimbursement of his medical expenses which was denied by the State. The writ court directed to make payment of entire treatment charges along with the traveling expenses of a companion to and fro. It was also directed that apart from the above the writ petitioner was also entitled to get 6% interest on the entire admissible claim from the date of entitlement till the date of payment as also litigation cost of Rs.5,000/-. The appellant has paid the amount of reimbursement as ordered. Only dispute in question is imposing interest on the entire 2 admissible claim from the date of entitlement to the date of payment and awarding of cost. We are not interfering with the award of interest as rate of interest is only simple interest at 6% per annum but with regard to the litigation cost of Rs.5,000/- , we are of the view that since the writ petitioner has received treatment outside the State of Bihar in a private hospital and as soon as a direction was given the amount was paid to him. We set aside the order regarding payment of cost. The appeal is allowed partly. (J.B. Koshy, CJ.) (Dr. Ravi Ranjan, J.) AAhmad