Right to Medical Reimbursement linked to Right to Life: HC
Punjab and Haryana High Court
Chandigarh: Observing that the right to medical reimbursement is "directly linked to the right to life under Article 21 of the Constitution", the Punjab and Haryana High Court recently ruled that such claims cannot be rejected merely on the ground of marginal delay.
While considering the case involving the medical reimbursement claim of a senior citizen, Chief Justice Sheel Nagu asserted that the entitlement to reimbursement for medical expenses incurred by government employees could not be sacrificed at the altar of technicalities when the delay was not inordinate and there was a genuine reason for the said delay.
With this observation, the HC bench comprising Chief Justice Sheel Nagu granted relief to the senior citizen, whose plea for medical reimbursement was rejected by the Jind District Elementary Education Officer in May 2013 and Julana Block Education Officer in June 2013 merely on the ground of delay.
"The claim for medical reimbursement, which is otherwise due to the petitioner, cannot be denied merely on specious ground of marginal delay since such right is directly linked to the right to life under Article 21 of the Constitution of India," observed the Chief Justice.
As per the latest media report by The Tribune, the petitioner retired from service and remained admitted for neurosurgery between September 19 and 24, 2011. On May 7, 2013, the petitioner submitted the medical reimbursement claim, after a delay attributed to the petitioner's mental health conditions. However, the medical reimbursement claim of Rs 1,52,364 was rejected, citing that the claim was time-barred and the petitioner had received the treatment as an outpatient.
When the matter came before the HC bench, the State, in its written statement, referred to the executive instructions dated December 11, 2003, which explicitly permitted consideration of delayed claims.
Referring to the instructions, the Court observed that the competent authority could consider even the claims submitted after a year. The bench opined that the competent authority was rather empowered to condone any delay in submitting a medical claim.
"A bare perusal of the instructions reveals that even those claims, which are submitted after 12 months, can be considered by the Health Department at the level of the Secretary of Administrative Department. The present claim for reimbursement was submitted after about one year by the petitioner," observed the bench.
Accordingly, the bench quashed the orders passed by the District Elementary Education Officer and the Block Education Officer and directed to forward the petitioner's claim, along with documents "put up in the year 2013" before the concerned Secretary, who was, in turn, directed to consider the claim before passing a speaking order within 60 days.
"It is needless to emphasise that if the claim is found to be genuine, the due amount of reimbursement shall be paid to the petitioner within 30 days, failing which the due amount shall carry interest at the rate of 18 per cent per annum for the period thereafter," the bench concluded.
