SC orders all states, UTs to provide medical facilities to ex HC judges; Warns of defiance

The bench stated that failure to provide medical facilities to retired judges of the high courts in terms of the earlier directions "will be construed an act of defiance" of the court order and chief secretaries of the states and union territories shall be accountable for this.

New Delhi: The Supreme Court directed all states and Union Territories recently to "forthwith comply" with its last year's direction to provide medical facilities to retired chief justices and judges of high courts, including their spouses and dependent family members, at par with sitting judges.

A bench headed by Chief Justice Ranjan Gogoi took note of a report filed by senior advocate P H Parekh, assisting the top court as an amicus curiae in the matter, which stated that only six states have provided the requisite information to him in pursuance of the court's October 24 direction.

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The bench, also comprising Justices Deepak Gupta and Sanjiv Khanna, said Tuesday that failure to provide medical facilities to retired judges of the high courts in terms of the earlier directions "will be construed an act of defiance" of the court order and chief secretaries of the states and union territories shall be accountable for this.

"In the above circumstances, we direct all state governments and the administrators of all UTs to forthwith comply with directions contained in our order dated October 24, 2018, as extracted above, by providing medical facilities to retired chief justices and judges of the high courts including their spouses and dependent family members in the light of the directions set out," the bench said.

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The apex court also directed the registrar general of all the high courts to sanction reimbursement of funds for availing all medical facilities by retired judges of the high courts including their spouses and dependent family members.

"The registrars general of the high courts regardless of the action or inaction on behalf of the state authorities will sanction reimbursement claims as and when made, in terms of the directions in the order dated October 24, 2018, and the present order," the bench said.

The court has listed the matter for further hearing after four weeks.

The court, in its last year order, had directed that registrar general of high courts will be the sanctioning authority for medical facilities availed by the retired judges of the high court and reimbursement will also be provided for treatment taken in any other state.