HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE ARUN MONGA, J
Madha Ram Bishnoi – Appellant
Versus
State – Respondent
Order :
1. Petitioner herein is before this Court seeking a direction to the respondents to reimburse his remaining medical bills amount pursuant to bills (Annex.2 and 3) along with interest as per applicable service Rules.
2. Relevant facts as pleaded in the case are that the petitioner retired from service while serving as a Senior Medical Officer on 31.07.2010. On 31.11.2015, the petitioner’s wife suffered from vertigo and severe headache and was taken for emergency surgery at Medipulse Hospital, Jodhpur. She underwent surgery on 01.12.2015 but could not fully recover and was discharged on 07.12.2015, with a recommendation for re-surgery. For this surgery, the petitioner incurred expenses amounting to Rs. 1,33,562/-. On 31.01.2016, the petitioner and his wife went to Mumbai, where she suddenly experienced the same condition and was admitted to a hospital in Mumbai as an emergency case. She was operated on 01.02.2016, and the petitioner incurred an amount of Rs. 2,69,013/- for the surgery. After recovery, she was discharged on 06.02.2016.
2.1. Upon their return, the petitioner submitted medical bills to the Treasury Officer, Rural Treasury, Jodhpur, for reimbursement under the Rules
The right to health in emergencies is a fundamental right under Article 21, entitling state employees to reimbursement for private medical treatment without prior sanction.
The main legal point established is that the department is obligated to reimburse the amount for medical treatment undertaken in a private or unrecognized hospital, to the extent permissible under th....
The right to medical aid is fundamental under Article 21, and reimbursement for treatment at private hospitals during emergencies cannot be denied, upholding the principles of fairness and timely adm....
Government employees are entitled to medical reimbursement for emergency treatments, regardless of the treatment location, as long as proper documentation is provided.
The obligation of the department to reimburse medical treatment in a private or unrecognized hospital as per the applicable Rules, despite technicalities of the Medi-claim policy.
In emergency medical situations, procedural strictness must not impede the reimbursement of medical expenses to pensioners, ensuring timely healthcare access under welfare schemes.
In cases of grave emergency, the responsibility of the state cannot be washed out, and technicalities of rules and regulations under the scheme are not required to be followed in a mechanical manner ....
Government employees are entitled to medical facilities, and reimbursement cannot be denied solely based on treatment in non-recognized hospitals.
Claimants are required to establish emergency treatment necessity to qualify for full medical reimbursement beyond prescribed rates as per established policies.
Government employees are entitled to medical reimbursement for treatment in non-recognized hospitals at applicable rates for similar treatments in recognized hospitals.
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