1996 (12) TMI 420

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....ment was not available in the State Hospitals of Punjab, permission was given by the Director, with the approval of the Medical Board, to get the treatment outside the State. The respondent was sent for and had treatment in the AIIMS at New Delhi. The respondent submitted his medical bill on September 21, 1994 for reimbursement. While granting reimbursement for the Actual expenses incurred in the sum of Rs. 1,29,000, the appellants rejected his bill for room rent paid to the hospital as inadmissible. The respondent filed writ petition stating that when he had undergone the treatment in the hospital as an inpatient, the payment of the room rent is an integral part of the expenses for treatment and, therefore, he is entitled to the reimbursem....

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....the expenditure incurred towards treatment. It is now settled law that right to health is an integral to right to life. Government has constitutional obligation to provide the health facilities. If the Government servant has suffered an ailment which requires treatment at a specialised approved hospital and on reference whereat the Government servant had undergone such treatment therein, it is but the duty of the State to bear the expenditure incurred by the Government servant. Expenditure, thus, incurred requires to be reimbursed by the State to the employee. The High Court was, therefore, right in giving direction to reimburse the expenses incurred towards room rent by the respondent during his stay in the hospital as an inpatient. 5. ....

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....ess the rent paid for the room in the hospital for the period of stay. It is the Government's stand that the reimbursement could be allowed as per rates charged by All India Institute of Medical Sciences. Accordingly, a sum of Rs. 20,000 paid as rent was deducted. When the respondent filed the writ petition, the High Court, by judgment dated April 12, 1996 in CWP No. 16570/95, the Division Bench allowed the writ petition. Thus, this appeal by special leave. 9. It is contended for the State that though the Government had granted ex-post facto sanction through the Medical Board and permitted the patient to undergo treatment outside the State with the policy, for reimbursement of medical expenses incurred and the medical treatment taken....

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....pital is shown as Escorts Heart Institute, New Delhi as one of the approved hospital/institution. Thus, for open heart surgery or heart disease the Escort Heart Institute is authorised and recognised institution by the Government of Punjab. Consequently, when the patient was admitted and had taken the treatment in the hospital and had incurred the expenditure towards room charges, inevitably the consequential rent paid for the room during his stay is integral part of his expenditure incurred for the treatment. Consequently the Government is required to reimburse the expenditure incurred for the period during which the patient stayed in the approved hospital for treatment. It is incongruous that while the patient is admitted to undergo treat....