Retired government employees are entitled to medical reimbursement despite having received fixed medical allowances, based on their right to health as a fundamental right.

ORDER.

Per: Mr. Suchitto Kumar Das, Administrative Member.

1. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act 1985, praying for the following relief(s):-

“(a) An order be passed setting aside the impugned communication dated 21/06/2022 issued by the office of the respondent no. 5 which was received by the son of the applicant wherein return back the medical reimbursement claim of the applicant in original with the remarks that no such provision to settle medical claim after retirement of a government servant is there as per medical attendance rule and all consequent order/orders passed by the respondent no. 5.

(b) An order be passed directing the respondent no. 5 to immediately reimburse the applicant an amount of Rs. 18,88,852/- incurred by him on his treatment of Right Pterional Craniotomuy and clipping of aneurysm at Apollo Hospital, Chennai with 12% interest in terms of his claim application dated 11/05/2022 submitted before the respondent no. 5.

(c) An order be passed directing the respondent authorities to transmit the original records of the case before this Hon’ble Court so that after perusing the same, conscionable justice may be rendered to the applicant giving them regular appointment.

(d) Any other relief or reliefs, order or orders, direction or directions, as your Honour deem fit and proper”.

2. Facts of the case as narrated by the applicant are as follows:-

2.1 On 09/06/1983, the applicant was appointed as a Constable under respondent no. 5. The applicant superannuated from service on 31/12/2019 from the post of Inspector.

2.2 On 27/12/2021 a sudden onset of disorientation, deviation of angle of mouth and slurring of speech was experienced by the applicant. The family members of the applicant rushed him to the nearest clinic situated in Garacharama Village, Port Blair where the applicant was admitted. On 28/12/2021 a CT Angiography of Brain test was done on him which revealed“1. Aneurysm at right MCA bifurcation-extent as described. 2. Multiple subacute infarcts, bilateral centrum semi ovale and chronic lacunar infracts involving bilateral peri ventricular white matter”.

2.3 On 31/12/2021 the family member of the applicant took the applicant to Chennai and admitted him in a hospital where the patient underwent Right Pterional Craniotomuy and clipping of aneurysm and finally on 28/02/2022 the applicant was discharged from the said Hospital on 28/02/2022.

2.4 The total expenditure incurred on the treatment of the applicant from 31/12/2021 to 28/02/2022 was Rs. 18,88,852/-. The applicant made an application for medical reimbursement of Rs. 18,88,852/-.

2.5 The applicant received a note dated 21/06/2022 returning back the medical reimbursement claim of the applicant in original with the remarks that no such provision is there to settle medical claim after retirement of a Government servant as per medical attendance rule.

2.6 Being aggrieved, the applicant filed a writ petition before the H16o/n0’b9l/e2 0H2i2gh beCionugr tW, C.Pa.Alc u4tt1a5, Coifr c2u0it2 2B eanncdh osnit t2in2g/ 0a9t/ 2P0o2r2t Bthlaei rw orint pCeatlcituiottna , wCiarsc utiat kbeenn cuhp h efoldr thheaat rtihneg wwrhite rpeeitnit iothne wHaos nn’bolte mHaiignhta iCnoaubrlet,. The petition was dismissed as withdrawn with the liberty to file afresh on the selfsame cause of action before the appropriate forum. Hence this application.

2.7 During the pendency of the O.A, the original applicant died on 15/08/2023. His wife and children filed a substitution application which was allowed by the Tribunal on 27/09/2023. Necessary amendments were carried out in the cause title by the applicants.

3. The applicants have taken the following grounds in support of their claim:-

In terms of the Office