Reimbursement Of Medical Claim By Govt Employees Should Not Be Denied Mechanically
Case: Gulamkadar Kasambhai Shaikh V/S The State Of Gujarat Thru The Principal Secretary
Coram: Justice Biren Vaishnav
Case No.: C/SCA/6345/2019
Court Observation: “It is a settled legal position that the Government employee during his lifetime or after his retirement is entitled to get the benefit of the medical facilities and no fetters can be placed on his rights. It is acceptable to common sense, that ultimate decision as to how a patient should be treated vests only with the Doctor who is well versed and expert both on academic qualification and experience gained. Very little scope is left to the patient or his relative to decide as to the manner in which the ailment should be treated.”
“The right to medical claim cannot be denied merely because the name of the hospital is not included in the Government Order. The real test must be the factum of treatment. Before any medical claim is honoured, the authorities are bound to ensure as to whether the claimant had actually taken treatment and the factum of treatment is supported by records duly certified by Doctors/Hospitals concerned. Once, it is established, the claim cannot be denied on technical grounds.”
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Reimbursement Of Medical Claim, Denied Mechanically
