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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
AMITENDRA KISHORE PRASAD
Baldau Prasad Kaushik S/o Jagat Ram Kaushik – Appellant
Versus
State of Chhattisgarh – Respondent
ORDER :
1. The petitioner is aggrieved by the order dated 24.09.2022, whereby respondent No. 3 has rejected his claim for medical reimbursement amounting to Rs. 54,848/-. The petitioner, serving as Assistant Grade-II in the Secretariat Services, Mantralaya, Raipur, had sought reimbursement for the treatment and surgery of his minor son for Hypospadias at Makhija Pediatric and Neonatology Surgery Center, Bilaspur—an empanelled hospital. Despite due intimation and compliance with all procedural formalities, the claim was rejected arbitrarily on the ground of lack of urgency, and the subsequent representation was also dismissed without valid reason. Hence, this petition seeking following reliefs :
“i. To kindly set aside the rejection order dated 24/9/2022 (Annexure P/1) with respect to medical reimbursement claim of the petitioner passed by respondent no. 3 and further respondent no. 3 may kindly be directed to re-consider the case of the petitioner with respect to payment of medical reimbursement of Rs. 54,848/-.
ii. To kindly the respondents may kindly be directed to pay the medical reimbursement of Rs. 54,848/- with interest @ 12% per annum from the date of application with compensat
The principles of administrative fairness mandate that decisions impacting individuals' rights must be reasoned, and arbitrary rejections are unsustainable under the law.
In emergency medical situations, full reimbursement of medical expenses is mandated regardless of any imposed ceiling limits, emphasizing the right to timely medical treatment.
The main legal point established in the judgment is the obligation of the state to ensure timely medical treatment and the need for a compassionate and sympathetic consideration of medical reimbursem....
It is settled legal position that Government employee during his life time or after his retirement is entitled to get benefit of medical facilities and no fetters can be placed on his rights. It is a....
The obligation of the state to secure the welfare of its citizens, including providing adequate medical facilities, and the right to life, encompassing the right to good health, were the central lega....
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