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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. JUSTICE AMIT RAWAL, MR.JUSTICE K. V. JAYAKUMAR, JJ
UNION OF INDIA – Appellant
Versus
M.B.VISWANATHAN NAIR S/o. LATE V BALAKRISHNAN NAIR – Respondent
JUDGMENT :
K.V.JAYAKUMAR, J .
The present O.P.(CAT) is preferred against the order of the Central Administrative Tribunal in O.A. No.530 of 2017 dated 19.09.2018, whereby the following claims of the petitioner have been allowed by the Tribunal.
“i. Quash Annexure A6 letter issued by the 2nd respondent.
ii. Declare that the applicant herein is fully entitled to be reimbursed the entire amount of medical expenses sustained by him for the Renal Transplantation of his wife, Smt.K.S.Beena.
iii. Direct the respondents to sanction and disburse the entire medical expenses incurred by the applicant for the Renal Transplantation of his wife Smt.K.S.Beena at Amritha Institute of Medical Science & Research Centre, Edappally, Kochi, as per the medical bills submitted by him.
iv. To grant such other reliefs as may be prayed for and the court may deem fit to grant, and
v. Grant the cost of this Original Application.”
2. Facts of the case in brief are as follows: Wife of the respondent/petitioner Sri.M.B.Viswanathan Nair was a Kidney patient. She was taken to Amrita Institute of Medical Sciences and Research Centre, Edappally, on 22.02.2013 on account of renal failure. She underwent kidney transplantation
The right to medical reimbursement for government employees cannot be denied due to hospital non-recognition or exceeding package limits if treatment necessity is established.
Emergency medical treatments require reimbursement even if provided by non-empanelled facilities, prioritizing the necessity of treatment over technical compliance with prescribed rates.
Government employees are entitled to medical reimbursement for treatment in non-recognized hospitals at applicable rates for similar treatments in recognized hospitals.
In emergency medical situations, full reimbursement of medical expenses is mandated regardless of any imposed ceiling limits, emphasizing the right to timely medical treatment.
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