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ARINDAM LODH
Amal Kr. Acharjee – Appellant
Versus
State of Tripura – Respondent
JUDGMENT
Arindam Lodh, J. - Heard Ms. A. Debbarma, learned counsel appearing for the petitioner. Also heard Mr. M. Debbarma, learned Addl. GA appearing for the respondents-State.
2. By way of filing this writ petition, the petitioner has prayed for sanctioning medical reimbursement bills he raised on 27.02.2021 amounting to Rs.3,48,809/- to the Director, Directorate of Secondary Education, Govt. of Tripura for his treatment outside the State of Tripura.
3. The aforesaid medical reimbursement bills raised by the petitioner were returned on the ground that the petitioner could not obtain referral certificate for his treatment outside the State of Tripura.
4. I have perused the contentions made in the petition wherein the petitioner has stated the compelling circumstances under which he had to rush to Medica Superspeciality Hospital, Kolkata. The respondents while rejecting the claim of the petitioner should have taken into consideration the exceptional circumstances the State was facing at that moment. All the doctors were busy to look after the patients suffering from Covid-19.
5. I have noticed that the petitioner on all the occasions visited to the hospitals outside the State of Tripur
In emergencies, the lack of a referral certificate should not prevent medical reimbursement to patients, especially during crises like the COVID-19 pandemic.
Medical reimbursement – Grant of - Illness they suffered was unforeseen, which circumstances the respondents had failed to take into account while regretting the claim of the petitioner for reimburse....
Compliance with government guidelines for medical reimbursement claims is mandatory, and an emergency must be adequately demonstrated to bypass procedural requirements.
Point of Law : Wherein Government servant concerned had to be admitted to hospital in an emergency condition held that medical expenses incurred would have to be reimbursed as per entitlement in term....
Government servants are not altogether barred from seeking medical treatment in a hospital outside the state, provided there is an emergency and it is certified by the competent authority.
The Court affirmed that reimbursement guidelines should be interpreted flexibly to support employees seeking medical treatment, especially when circumstances prevent strict adherence to procedural ti....
In cases of grave emergency, the responsibility of the state cannot be washed out, and technicalities of rules and regulations under the scheme are not required to be followed in a mechanical manner ....
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