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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.Y. KOGJE, J.
K.N. Chandran – Appellant
Versus
State Of Gujarat Thro The Secretary & Others – Respondents
R/Special Civil Application No. 520 of 2012
Decided on : 15-09-2022
Constitution of India, 1950 – Article 226, 19(1)(e) – Gujarat Civil Services (Medical Treatment) Rules, 1988 – Orders communications of respondent – Regard to medical reimbursement – Resolution – Order quashing and setting aside – Held, Court has no hesitation in holding that petitioner would be entitled to benefit of reimbursement – Impugned decisions are therefore set aside – Respondents are directed to undertake necessary proceedings on application of petitioner in accordance with law and grant reimbursement as admissible as per rates fixed by State Government by treating petitioner being entitled to benefit of reimbursement for treatment received by wife of petitioner – Petition partly allowed.
JUDGMENT :
1. This petition under Article 226 of the Constitution of India is filed with following prayers:-
B. Your Lordships may kindly be pleased to issue a writ of Mandamus and/or any other appropriate writ, direction and/or order quashing and setting aside the impugned Resolution dated 12.09.1983 by holding and declaring that the same as nonest and is illegal, unjust, arbitrary, discriminatory, ultra-virus and in violation of Article 19(1)(e) of the Constitution of India.
C. Your Lordships may kindly be pleased to direct the present respondents to immediately grant the benefits of Medical Reimbursement to the present petitioner, as claimed by the present petitioner.”
2. Learned Advocate for the petitioner submitted that by the impugned communications dated 25.11.2011 and 04.10.2010 claim of the present petitioner with regard to medical reimbursement has been refused on the ground that the present petitioner is staying and withdrawing his pension outside the State of Gujarat. The petition is also filed against impugned resolution dated 12.09.1983 of respondent No.1-Finance Department, whereby it has been decided not to extend the benefits of medical reimbursement to the pensioners who are withdrawing/receiving their pension outside the State of Gujarat.
2.1 It is submitted that the petitioner and his family belonged to Kerala State and therefore, after retirement, the petitioner is residing with his family in Kerala State.
2.2 It is submitted that wife of the petitioner was required to undergo medical treatment for her heart ailment, viz. Angiography, Angioplasty, TMT, ECG, X-ray, scanning, etc. at Medical Trust Hospital in the year 2010. It is submitted that she was admitted to Medical Trust Hospital, Cochin from 22.01.2010 to 27.01.2010. It is submitted that cost of first phase of treatment came to about Rs.2,21,961.65. The same was demanded by the petitioner by letter dated 30.03.2010. It is submitted that the petitioner had also requested for reimbursement of medical bill of her second phase of treatment for bypass surgery of Rs.2,07,682.94 and Rs.23,336.92 by letter dated 23.05.2011.
2.3 It is submitted that the petitioner submitted the bills with respondent No.3 claiming the medical reimbursement under the provisions of the Gujarat Civil Services (Medical Treatment) Rules, 1988 (“the Rules” for short). It is submitted that the petitioner submitted the application for medical reimbursement to his parent Department-Gujarat Maritime Board by communications dated 30.03.2010 and 23.05.2011. It is submitted that the application of the present petitioner was rejected on the ground that the petitioner is staying and withdrawing his pension outside the State of Gujarat, considering the resolution dated 12.09.1983.
2.4 It is submitted that the impugned communication was challenged by the petitioner by filing Special Civil Application No.16018 of 2010. the said petition was disposed of by this court by order dated 01.08.2011. It is submitted that as per the said order, the petitioner made a detailed representation to the respondent authorities by communication dated 19.08.2011.
2.5 It is argued that the petitioner submitted claim for medical reimbursement under the provisions of the Rules. The State of Gujarat enacted the Rules for the purpose of extending the benefit of medical facilities to the employees those who are working as well as to the pensioners. The Rules came into force with effect from 30.12.1988. The respondent-Department issued resolution dated 12.09.1983, whereby it has been resolved for implementation of the Rules through out the State of Gujarat. The benefit of the medical reimbursement could not be extended only in the categories those which fall within the ambit of Rule 1(3) of the Rules. The c
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....
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 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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