Medical Reimbursement Guaranteed Under Right To Life: Gujarat High Court Provides Relief To Retd. Teacher Of Grant-In-Aid Primary School

Medical Reimbursement Guaranteed Under Right To Life: Gujarat High Court Provides Relief To Retd. Teacher Of Grant-In-Aid Primary School

Case: Ushaben Dayashankar Shukla VS State Of Gujarat

Coram: Justice Biren Vaishnav

Case No.: C/SCA/17320/2021

Court Observation: “The petitioner, irrespective of the fact of having served as a primary teacher in a grant-in-aid school cannot now be denied medical reimbursement on the ground that there is no policy for the teacher of the primary schools working in the grant-in-aid institutions,”

“Working of teachers whether in Primary Schools or in Colleges/Higher Secondary Schools/Secondary Schools has no nexus with the requirement and object for payment of medical allowance. The need of medical aid is common to all and under Article 14 and 16 of Constitution of India neither equals can be treated in an unequal manner, nor unequals can be treated in an equal manner, nor the State can act in an arbitrary or unreasonable or irrational manner subject to the permissible reasonable classification. We do not find any basis for any reasonable classification to classify the teachers of Primary Schools differently vis-à-vis the teachers of similarly situated Government recognised and Government aided Colleges/Higher Secondary Schools/Secondary Schools.”

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Keywords

Medical Reimbursement Guaranteed, Grant-In-Aid Primary School