Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law – Central Government Health Scheme (CGHS) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Service Law – Central Government Health Scheme (CGHS) – Claim under, for reimbursement of medical bills – Denial of – CGHS pensioner beneficiary, underwent treatment in a non-empanelled hospital for cardiac ailments and also for cerebral stroke and paralytic attack – He claimed reimbursement of the medical bills – Out of the total bills amounting to Rs. 13,84,440/-, he was paid Rs. 5,84,885/-, while he was denied Rs. 7,99,555/- – Writ petition filed by him u/Art.32 of the Constitution – Supreme Court directed the respondent to pay a sum of Rs. 3,00,000/- to the petitioner as an interim relief – Held: Government employee during his life time or after his retirement is entitled to get the benefit of the medical facilities and no fetters can be placed on his rights – Right to medical claim cannot be denied merely because the name of the hospital is not included in the Government Order – The real test must be the factum of treatment – Once, it is established, the claim cannot be denied on technical grounds – In the present case, the writ petitioner was admitted in the hospital in emergency conditions – Law does not require prior permission to be taken in such situation where the survival of the person is the prime consideration – CGHS is responsible for taking care of healthcare needs and well being of the Central government employees and pensioners – In the facts and circumstances of the case, the treatment of the petitioner in non-empanelled hospital was genuine because there was no option left with him at the relevant time – Respondent directed to pay the balance amount of Rs. 4,99,555/- to the writ petitioner – However, the said decision is confined to this case only – Further, directions issued with regard to timely disposal of Medical Reimbursement Claim (MRC) by CGHS in case of pensioner beneficiaries – Constitution of India – Arts. 14, 21 and 32. |
Judge | Hon'ble Mr. Justice R.K. Agrawal |
Neutral Citation | 2018 INSC 339 |
Petitioner | Shiva Kant Jha |
Respondent | Union Of India |
SCR | [2018] 4 S.C.R. 291 |
Judgement Date | 2018-04-13 |
Case Number | 694 |
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