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HIGH COURT OF DELHI
MS. JUSTICE JYOTI SINGH, J
JAGDISH CHANDRA – Appellant
Versus
STATE TRADING CORPORATION OF INDIA LTD – Respondent
JUDGMENT :
JYOTI SINGH, J.
1. This writ petition is preferred on behalf of the Petitioner laying a siege to order dated 10.11.2015 passed by the Respondent/State Trading Corporation of India Ltd. (‘STC’) rejecting the claim of the Petitioner for medical reimbursement to the tune of Rs.23,79,313/- on account of medical expenses incurred by him in Max Super Speciality Hospital, Saket, on the treatment of his wife who was hospitalized on 09.01.2012 in a serious condition for 21 days and expired on 31.01.2012.
2. Case of the Petitioner as set out in the writ petition is that Petitioner was employed with STC from 1966 and after serving for 31 years, retired in the year 1997. Respondent introduced a Voluntary Retirement Scheme (‘VRS’) on 09.04.1997, which provided that regular employees who had completed minimum 10 years of service in STC or 40 years of age, shall be eligible to seek voluntary retirement by making an application in writing through proper channel to the Competent Authority. VRS came into force w.e.f. 10.04.1997.
3. Clause 5 of VRS enumerated the benefits available under the Scheme which included Provident Fund and Gratuity as admissible, ex-gratia payment to the extent stipul
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....
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....
Emergency medical treatments require reimbursement even if provided by non-empanelled facilities, prioritizing the necessity of treatment over technical compliance with prescribed rates.
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