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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
MR. JUSTICE ATUL SREEDHARAN, MR. JUSTICE RAJESH SEKHRI, JJ
Union of India Through Secretary Ministry of Information and Broadcasting, Shastri Bhawan, New Delhi – Appellant
Versus
Subash Chander Sharma S/o Late Sh. Diwakar Sharma – Respondent
JUDGMENT :
Atul Sreedharan, J.
1. The present appeal has been filed by the appellant- the Union of India, through Secretary, Ministry of Information and Broadcasting, Shastri Bhawan, New Delhi and Station Director, Radio Kashmir, Jammu. They are aggrieved by the judgment and order passed by the learned Single Judge dated 10.07.2018, whereby, the medical reimbursement claim of the respondent herein was allowed by the learned Single Judge.
The brief facts of the case will be summarized as follows:
2. The respondent-herein was serving as Programmer Executive in the Prasar Bharti (Broadcasting Corporation of India) and superannuated on 28.02.2011. The undisputed fact is that on 03.10.2006, he was on active duty and was recording an interview of one Prof. K.L Bhatia when he suffered a brain haemorrhage in the studio of Radio Kashmir, Jammu. He was immediately shifted to the Government Medical College Hospital, Jammu and looking to his critical condition and lack of proper medical facilities to treat the patients of brain haemorrhage, the doctors in the Government Medical College Hospital, Jammu referred the petitioner for specialised treatment in the Postgraduate Institute of Medical Educat
Government employees are entitled to medical reimbursement for necessary treatments, regardless of hospital empanelment, emphasizing urgency and proper documentation.
Government employees are entitled to medical facilities, and reimbursement cannot be denied solely based on treatment in non-recognized hospitals.
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....
Government employees are entitled to medical reimbursement for treatment in non-recognized hospitals at applicable rates for similar treatments in recognized hospitals.
Point of Law : Medical reimbursement - right to health is an integral part of right to life guaranteed under the Constitution of India and the Government have Constitutional obligation to provide hea....
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....
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 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. ....
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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