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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Jawanaram Chouhan, S/o. Pekaram – Appellant
Versus
State Of Raj. Through The Principal Secretary, Medical, Health & Family Welfare Department – Respondent
ORDER :
FARJAND ALI, J.
1. The present writ petition has been instituted by the petitioner under Article 226 of the Constitution of India, with a prayer for issuance of an appropriate writ, order or direction to the respondents to reimburse the medical expenses incurred by the petitioner towards the treatment of his wife, along with interest at the rate of 12% per annum from the date of incurrence of expenditure till the date of actual payment by the respondents.
2. Briefly stated the facts of the case are that the petitioner is serving as a Patwari under the Government of Rajasthan. His wife, Smt. Sunder Devi, had gone to Surat along with their son to assist her brother engaged in business there. During her stay, she developed a severe renal ailment and was admitted to Mahaveer General Hospital, Sangrampura, Surat in a critical condition. Upon receiving information, the petitioner reached Surat, where the attending doctors informed him that both kidneys of his wife had failed, necessitating urgent surgery and continued dialysis twice a week.
2.1. The petitioner incurred medical expenses amounting to Rs. 80,992/- up to 01.09.2005 and, due to the continued treatment requirements, submit
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 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 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.
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.
Government employees are entitled to medical reimbursement for treatment in non-recognized hospitals at applicable rates for similar treatments in recognized hospitals.
Government employees are entitled to medical reimbursement for emergency treatments, regardless of the treatment location, as long as proper documentation is provided.
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