Court says government hospital must provide consumables; if unavailable, employee cannot be denied reimbursement for life-saving treatment under Article 21.
The Rajasthan High Court has dismissed an appeal filed by the Jodhpur Vidhyut Vitran Nigam Limited and upheld an order directing reimbursement of the remaining medical expenses of a pensioner who underwent angioplasty in a government hospital and had to purchase stents from a private shop.
A Division Bench comprising Chief Justice Sanjay K. Agrawal and Justice Vinit Kumar Mathur held that when a patient is treated in a government hospital, it is the duty of the hospital and the government to provide necessary equipment and consumables. If such items are not available in the hospital or in an authorized medical store, the patient has no choice but to buy them from the open market. In such circumstances, the Court ruled, the full amount spent on treatment must be reimbursed.
The case involved Jagdish Chandra Bissa, who suffered a serious cardiac ailment and was admitted to Mathura Das Mathur Hospital, Jodhpur. He underwent angiography and angioplasty, during which four stents were implanted. The total treatment cost was Rs. 2,73,832, but the employer reimbursed only Rs. 1,70,800, citing the medical reimbursement rules and the contention that reimbursement beyond three stents was not permissible.
Rejecting this argument, the Court relied on earlier precedents, including State of Rajasthan v. Smt. Mohan Kanwar Bhansali, Consumer Education & Research Centre v. Union of India, Surjit Singh v. State of Punjab, and the Supreme Court’s observations on the right to health. The Bench reiterated that the right to health and medical care is a fundamental right under Article 21 of the Constitution and that medical reimbursement provisions must be interpreted liberally.
The Court observed that a patient’s right to life and health cannot be defeated by technical restrictions where essential medical items are unavailable in a government facility. Since the respondent had undergone treatment in a government hospital and had been compelled to purchase stents privately, the remaining medical expenses were held fully payable.
Finding no merit in the appeal, the Division Bench dismissed it and affirmed the Single Judge’s direction to reimburse the balance amount to the respondent within the stipulated time.
Bottom Line :
Medical reimbursement - Employee/pensioner treated in Government hospital - Where consumable items/stents are not available in Government hospital or authorized medical store and are purchased from open market, full reimbursement is payable - Right to health and medical care is a fundamental right under Article 21 and medical reimbursement provisions must be construed liberally.
Statutory provision(s): Article 21, Rajasthan Civil Services (Medical Attendance) Rules, 2013 Appendix IX
