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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Ghanshyam Singh Rathore, S/o. Ramdan Singh – Appellant
Versus
Secretary, Finance Department, Government Of Rajasthan – Respondent
Order :
FARJAND ALI, J.
1. The instant writ petition under Article 226 of the Constitution of India has been preferred by the petitioner being aggrieved of the action of the respondent in denying reimbursement of the medical bills under the RGHS.
2. The petitioner had served in the Police Department, Government of Rajasthan and retired from the post of Additional Superintendent of Police and as such he is eligible for Rajasthan Government Health Scheme (RGHS) and is entitled to avail all the benefits provided under the said scheme. The said scheme also provided healthcare benefits to the family members of the pentioners under Section 3(3) of the Scheme’s Guidelines (Memorandum). The petitioner's wife Mrs. Anand Kanwer was diagnosed with Right eye full thickness macular hole and she underwent treatment of right eye Vitrectomy (PPV) + ILMPEELING + C3F8 gas tamponade under LA, at Netralaya-Super Speciality Eye Hospital at Ahmedabad and later on the bill of this procedure was submitted on portal for RGHS reimbursement but it has been "REJECTED" with the remark that rejected because this is case is "This a Non-Emergency Condition”.
3. Learned counsel for the petitioner submits that the reim
The right to medical reimbursement includes emergency conditions even if the treatment occurs at a non-recognized hospital, aligning with the fundamental right to life under Article 21.
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 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....
Medical reimbursement for treatment in a non-recognized hospital/private hospital must be made to the extent permissible under relevant Rules/Scheme/Policy.
In emergency medical situations, full reimbursement of medical expenses is mandated regardless of any imposed ceiling limits, emphasizing the right to timely medical treatment.
Government employees are entitled to medical facilities, and reimbursement cannot be denied solely based on treatment in non-recognized hospitals.
In emergency medical situations, procedural strictness must not impede the reimbursement of medical expenses to pensioners, ensuring timely healthcare access under welfare schemes.
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