Excelsior Correspondent
SRINAGAR, Apr 15: Observing the Government is bound to bear medical expenses of its employees, the Central Administrative Tribunal (CAT) bench Srinagar directed the authorities to reimburse the medical expenses as claimed by the aggrieved employee for treatment of his minor son.
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The Government employee-Mohammad Ashraf Mir approached the CAT for a medical claim in lieu of his treatment of his son who is suffering from brain tumour.
Mir assailed the order of Deputy Commissioner Budgam, whereby his claim for reimbursement of medical expenses was rejected.
The bench while quashing the order of DC Budgam, directed the authority to reconsider his claim afresh. The bench said that the reimbursement of medical claim by an employee cannot be denied solely on the ground that the patient has undergone treatment in a specialized hospital which is not approved by the Government.
The bench as such directed authorities to reconsider a medical reimbursement claim of Mir.
Mir’s 10-year-old son was diagnosed with a serious neurological condition Ependymoma (WHO Grade II)-and was initially examined at SKIMS Soura and due to the critical nature of the illness, he was later taken to a specialized hospital outside Kashmir where he underwent surgery.
Mir subsequently submitted medical bills amounting to Rs 30 lakh for reimbursement under the J&K Civil Services (Medical Attendance-cum-Allowance) Rules, 1990. However, the claim was rejected by the district administration.
“…the right to medical reimbursement flows from the fundamental right to life under Article 21 of the Constitution and the right to health is integral to right to life and the State has a constitutional obligation to provide health facility to its citizens and even if a government servant or any of his dependent has suffered an ailment, which requires treatment at a specialized and approved hospital”, reads the judgment.
The court further added that it is otherwise the duty of the State to bear the expenditure incurred by a government servant on the treatment, of course, in accordance with the entitlement and the law governing the field.
The bench while disposing of the plea of Mir directed the competent authority to reassess the claim by verifying the genuineness of treatment, medical bills, and procedures undertaken within the period of eight weeks by directing Mir to submit all required documents and cooperate with the process.
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