Monday, June 17, 2019

HC Quashes Government Order Limiting Medical Reimbursement

The High Court of Judicature at Madras, on 13 June 2019, quashed a G.O of Health and Family Welfare (B2) Department, stating that, "the right to health and medical care is a fundamental right enshrined by Article 21 of the Constitution of India, inasmuch as the health is vital for making the life of an employee meaningful, purposeful and compatible with personal dignity.
Therefore, the court added that, "in a welfare state, like ours the primary duty of the Government is to secure the welfare of the people and to provide adequate medical facilities is an obligation undertaken by the Government in a welfare state."

It was the view of the court that medical reimbursement should be made on whatever scheme and facility that is available to a patient, without limiting to a cieling amount or to technical issues.

"..... it cannot be said that not obtaining prior approval is a reason to justify and to deny the actual (medical) reimbursement." the court held.

Quoting a previous order, the justice reminded that, "when substantial justice and technical consideration are pitted against each other, the cause of substantial justice deserved to be preferred."

It is not any justice to deny medical reimbursement for the entire expenditure actually incurred by the patient, and
It wasn't nice for a welfare state, with enshrined articled in the Constitution, to restrict medical claim, to a certain ceiling, was the view of the court and the court accordingly ordered that "Government Order in  G.O.(Rt) No.2164, Health and Family Welfare (B2) Department dated 28.09.2000 is Quashed."

The Order further expected that, "it must be seen that the judiciary is respected not on account of its power to legalise injustice on technical grounds but, because it is capable of removing injustice and is expected to do so."
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