Govt servants entitled to refund of medical expenses: Delhi HC

Last Updated: Thursday, January 21, 2010 - 22:26

New Delhi: Public servants are entitled to
reimbursement of expenses incurred by them for medical
treatment under Government`s health scheme, the Delhi High
Court has said.

Justice S N Aggarwal, while passing the order on the plea
of petitioner Gurcharan Singh, also pulled up the Centre for
not up-dating its approved rates for medical claim on annual
or biennial basis despite Supreme Court`s directives in this
regard.

"This clearly shows that the Government is acting in
defiance of the directions of the Supreme Court on the
subject," the court said.

"Once a beneficiary is recommended for treatment in an
approved hospital on the list of the Government, then he
cannot be denied reimbursement of expenses actually incurred
by him unless the beneficiary opts of his own to go for a
luxury treatment and incur expenses beyond approved rates of
Government for a normal treatment," the court said.

Singh had got his wife admitted in a private hospital,
after getting nod of the authorities, where she underwent
surgery for her kidney in 2005.

On seeking total medical reimbursement, the Government
declined his claim saying he was entitled only as per the
approved rates of 2001 and not of 2006.

Rejecting the contention of the government that Singh was
entitled for reimbursement only according to the approved rate
of 2001, the court said, "The Government acted arbitrarily
and without any justification in denying the medical claim."

PTI



First Published: Thursday, January 21, 2010 - 22:26

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