Back
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
| Table of Content |
|---|
| 1. petitioner's eligibility and procedure for medical reimbursement. (Para 1 , 2 , 3) |
| 2. arguments regarding the arbitrary rejection of the reimbursement claim. (Para 4 , 5 , 6 , 7) |
| 3. importance of best interests in medical treatment for children. (Para 8 , 9 , 10) |
| 4. requirement for reasoned orders in administrative decisions. (Para 11 , 12 , 13) |
| 5. right to health as a fundamental right under the constitution of india. (Para 14 , 15 , 16) |
| 6. court's directive to sanction the reimbursement claim. (Para 17 , 18) |
| 7. need for humane approach in medical reimbursement decisions. (Para 19 , 20) |
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 subseq
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....
Government employees are entitled to full medical reimbursement for emergency treatment, even in non-approved hospitals. Administrative authorities must process such claims within a reasonable timefr....
Full medical reimbursement mandatory for genuine emergency treatment in empanelled hospitals, regardless of CGHS rates.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
