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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SANDEEP MOUDGIL
Ramesh Chander Malhotra – Appellant
Versus
Union of India – Respondent
JUDGMENT :
SANDEEP MOUDGIL, J.
Prayer
1. Claim in the present petition is in the nature of writ under Articles 226/227 of the Constitution of India seeking quashing of the order/letter dated 19.09.2018 (Annexure P-4) and 07.01.2019 (Annexure P-5) whereby the respondents have sought to reject the claim of the petitioner for reimbursement of his medical bills in terms of the Post Retirement Medical Scheme (PRMS) (Annexure P-2), with a further direction to respondents to reimburse medical bills of the petitioner in terms of the PRMS.
The Conspectus of Facts
2. The petitioner is a retired employee of the Food Corporation of India who superannuated as Manager (Quality Control) after rendering long and unblemished service. The FCI had introduced the Post-Retirement Medical Scheme (PRMS) notified in December 2016 which was framed as a welfare measure for employees of the respondent department for a minimum service period of 15 years and envisages reimbursement of medical expenses subject to prescribed conditions, including treatment at Government hospitals, FCI empanelled hospitals, or such other hospitals of national repute as may be notified.
3. The petitioner underwent treatment of right tot
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....
In emergency medical situations, full reimbursement of medical expenses is mandated regardless of any imposed ceiling limits, emphasizing the right to timely medical treatment.
In emergency medical situations, procedural strictness must not impede the reimbursement of medical expenses to pensioners, ensuring timely healthcare access under welfare schemes.
Full medical reimbursement mandatory for genuine emergency treatment in empanelled hospitals, regardless of CGHS rates.
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