The judgment establishes the constitutional obligation of the State to provide adequate medical facilities and the limitations on reimbursement of medical expenses under the government's notification.

1. This is a common complaint always made by a serving employee or a pensioner for reimbursement of the medical expenses incurred for the treatment on himself or the family members who are covered for medical assistance and despite there are good numbers of judgments of the Apex Court and also by the High Court, this ongoing complaint is still not being attended by the Government which compelled the employees invoking jurisdiction of this Court u/Art.226 of the Constitution of India.

2. The petitioner is serving as Executive Engineer took medical treatment outside Tripura from a private hospital, Apollo Speciality Hospital, Vanagaram, Chennai, his medical bills when furnished for reimbursement has been held to be not admissible for the reason that his treatment was carried out at Apollo Hospital, Chennai without being referred by the Standing Medical Board.

3. The fact is that the Govt. authority has not even looked into the medical bills which the petitioner has furnished for reimbursement and whether in an urgent situation which is beyond control of the employee, if he has taken treatment without being referred by the Standing Medical Board either from the approved hospital or private hospital, (not approved), to what extent medical expenses/charges are reimbursable under the scheme.

4. The brief facts of the case relevant for consideration are that the petitioner is serving as Executive Engineer and has alleged that he was attacked with stroke (TIA) during his office hour on 15th February, 2017, his office colleagues took him to the Agartala Govt. Medical College and GBP Hospital where he was admitted. Some medical testes & CT Scan were conducted in the hospital and at that stage revealed nothing serious but still he was feeling very uncomfortable and the doctors from the State/private hospital could not diagnose but he was not feeling himself medically fit and since no specialized medical facilities are available in the State, he proceeded for his medical checkup outside the State to Fortis Hospital, Kolkata, where he checked up on 20th February, 2017 and as per advise of the Neuro Surgeon of the Fortis Hospital, all testes were undertaken including MRI Scan of his brain where it was revealed that he had attacked with stroke twice and needs immediate medical care.

5. As alleged that the doctors of Fortis Hospital, Kolkata were unable to find out the reasons of such disorder in his body and as advised he proceeded towards Apollo Speciality Hospital, Vanagaram, Chennai, Tamilnadu for treatment, where the Neuro and Cardio doctors of the Apollo Speciality Hospital, Vanagaram, Chennai, Tamilnadu, on thorough investigation pointed out that one of his Right Carotid Artery had severe blockage more than 95% and suggested that he has to be operated immediately failing which, he may face major stroke in near future which might result paralysis of his right side of the body. In these peculiar circumstances, no other option was left and this Court can take a judicial notice on this fact that such specialized medical treatments are not available in the State of Tripura. His family members decided to go ahead for surgery for the Right Carotid Enderterectomy.

6. During the course of his own treatment, his wife, who was his medical attendant felt sick and was to be admitted to the Apollo Speciality Hospital, Vanagaram, Chennai, for treatment of her disease (Fibroid Uterus with Mennorhagia Severe Anaemia) and his wife who too entitled for the medical reimbursement being dependent member accordingly, the medical expenses incurred by him on her treatment, furnished the joint medical bills for reimbursement on 28th April, 2017 but he was informed that the medical reimbursement bills were examined by the State Health Department and as the treatment was carried out at Apollo Speciality Hospital, Chennai without being referred by the Standing Medical Board in terms of the circular dt.25th October, 2013, the reimbursement is not adm