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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Dwarka Das Soni, s/o. Sh. Sita Ram Ji Soni – Appellant
Versus
State of Rajasthan, through the Secretary to the Government – Respondent
ORDER :
FARJAND ALI, J.
1. By way of filing this writ petition under Article 226 of the Constitution of India, the petitioner has prayed for issuance of an appropriate writ, order or direction to the respondents to consider and allow his medical reimbursement claim submitted on 15.11.2007 to respondent No. 3, in accordance with the provisions of the RAJASTHAN STATE PENSIONERS MEDICAL CONCESSION SCHEME . The petitioner has further sought a direction to the respondents to pay interest at the rate of 12% per annum on the delayed reimbursement amount, and to extend any other consequential or appropriate relief deemed just and proper in the facts and circumstances of the case.
2. During the pendency of the present writ petition, the petitioner unfortunately expired on 29.12.2011. The death certificate issued by the Municipal Corporation, Bikaner, on 16.01.2012 is placed on record. The right to seek reimbursement of medical expenses, being a part of the petitioner’s accrued and heritable benefits, survives to his legal representatives.
3. Breifly stated facts of the case are that , the petitioner, retired from the post of Office Superintendent on attaining the age of superannuation on 30.0
In emergency medical situations, procedural strictness must not impede the reimbursement of medical expenses to pensioners, ensuring timely healthcare access under welfare schemes.
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....
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 requirement of prior recommendation/reference from a Medical Board for reimbursement of medical expenses incurred in an out-of-state hospital is arbitrary and unjustified in emergent situations. ....
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 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.
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