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WASIM SADIQ NARGAL
Bimla Ji Bhat – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Wasim Sadiq Nargal, J.
1. The present writ petition has been filed by the petitioners seeking a writ in the nature of mandamus commanding upon the respondents to settle down their medical claims (medical reimbursement) in respect of the treatment provided to the deceased-husband of Petitioner No. 1 and father of Petitioner Nos. 2 to 4. Besides this, they are also seeking relief of compassionate employment to any of the legal heirs of the deceased-Shri Maharaj Krishan Bhat.
2. The present writ petition has been preferred by the legal representatives of Sh. Maharaj Krishan Bhat, who was working as a Telephone Mechanic in the Bharat Sanchar Nigam Limited (BSNL) at Kupwara, Kashmir.
3. It has been averred in the writ petition that Sh. Maharaj Krishan Bhat was the husband of the Petitioner No. 1 and the father of Petitioner Nos. 2 to 4. The case of the petitioner is that in the month of October, 2009 when the deceased was performing his duties in Kupwara, Kashmir he got seriously ill and was shifted to Government Medical College Hospital, Jammu. Since his health condition continued to deteriorate, he was shifted to Apollo Hospital, New Delhi in the Emergency Wing where doctors at
The right to medical reimbursement for employees is a constitutional obligation, and claims should be processed liberally without undue reliance on technicalities.
CGHS-recognised hospitals deemed recognised under BSNL MRS for cancer treatment; no separate indoor/outdoor bills required for chronic diseases.
A widow is entitled to claim medical reimbursement for her deceased husband's treatment under BSNL rules if proper documentation is presented.
In emergency medical situations, full reimbursement of medical expenses is mandated regardless of any imposed ceiling limits, emphasizing the right to timely medical treatment.
The right to medical claim cannot be denied solely because the hospital is not included in the government order. The factum of treatment and supporting records certified by doctors/hospitals are cruc....
Full medical reimbursement mandatory for genuine emergency treatment in empanelled hospitals, regardless of CGHS rates.
The main legal point established in the judgment is the obligation of the state to ensure timely medical treatment and the need for a compassionate and sympathetic consideration of medical reimbursem....
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