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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SURAJ GOVINDARAJ
Ivy Miller Chahal W/o Late Gurmail Singh Chahal – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. overview of the petitioner's background and medical circumstance. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. reference to prior case law and its applicability. (Para 7 , 8 , 9) |
| 3. court's reasoning based on constitutional rights and precedent. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30) |
| 4. discussion on responsibilities of the state in health care. (Para 31 , 32 , 33 , 34 , 35 , 36 , 37) |
| 5. recommendations for policy changes regarding medical reimbursements. (Para 38 , 39 , 40 , 41) |
| 6. order issued by the court. (Para 42) |
ORDER :
SURAJ GOVINDARAJ, J.
1. The Petitioner is before this Court seeking for the following reliefs:
WHEREFORE it is most respectfully prayed that this Hon'ble Court be pleased to issue a writ of certiorari or any other appropriate writ order or direction quashing the impugned email communications dated 07/10/2024, 20/11/2024, and 04/03/2025 sent by Respondent No. 3 produced at Annexures- M, P, and T, respectively, and further issue a writ of mandamus directing the Respondents to make full reimbursement of the medical reimbursement claim of the Petitioner dated 26/12/2023 in respect of the CRT-D im
Denial of reimbursement for emergency medical treatment under CGHS violates constitutional rights and undermines the scheme's welfare purpose.
In emergency medical situations, full reimbursement of medical expenses is mandated regardless of any imposed ceiling limits, emphasizing the right to timely medical treatment.
Full medical reimbursement mandatory for genuine emergency treatment in empanelled hospitals, regardless of CGHS rates.
Emergency medical treatment in non-empanelled hospitals entitles retirees to full reimbursement under CHSS, overriding procedural formalities.
Government employees' entitlement to medical reimbursements under CGHS cannot be denied based on bureaucratic restraints, especially in emergency medical situations.
The right to medical claim cannot be denied solely because the hospital is not included in the government order. The factum of treatment and supporting records certified by doctors/hospitals are cruc....
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