Karnataka HC Grants Relief To Court Officer, Directs Authority To Consider His Claim For Reimbursing Emergency Medical Expenses
The Karnataka High Court has reiterated that government servants are entitled to reimbursement of medical expenses incurred at non-empanelled private hospitals provided they were referred there by a recognized government hospital.
A single judge bench of Justice Hemant Chandangoudar allowed the petition filed by Nagabhushana B, an Assistant Court officer, who had questioned the order rejecting his application seeking reimbursement of the amount.
The petitioner had sought treatment for CTD with ILD and pulmonary hypertension at Mazumdar Shaw Medical Centre. Initially, he was admitted to the Sri Jayadeva Institute of Cardiovascular Sciences & Research.
The authority rejected his claim placing reliance on a Government Order dated 05.11.2014. The order pertains to the reimbursement of medical claims for government servants who have received treatment at recognized hospitals. However, under exceptional circumstances, government servants are entitled to reimbursement of medical expenses incurred at non-empanelled private hospitals, especially when a recognized government hospital refers the patient to a non-empanelled private hospital for any reason.
On going through the records the bench said “In this instance, the petitioner initially sought treatment at the Sri. Jayadeva Institute of Cardiovascular Sciences & Research, which is a government hospital, and was subsequently referred to a multispecialty pulmonologist. Thereafter, the petitioner received treatment at Mazumdar Shaw Medical Centre (a unit of Narayana Hrudayalaya), which is a private and non-empanelled hospital according to the Government Order.
Thus it held “The petitioner is entitled to reimbursement of medical expenses under Clause 5 of Paragraph 3 of the Government Order dated 05.11.2014, which allows government servants to seek reimbursement of medical expenses at CGHS rates, even if the treatment was provided at a private hospital, provided that a recognized government hospital referred the patient to a specialist.”
Accordingly, it directed authority to to consider the petitioner's claim for reimbursement of medical expenses at CGHS rates, subject to the petitioner providing a complete set of documents, and to pass an appropriate order in accordance with the law.
Appearance: Advocate Shridhar Prabhu for Petitioner.
Advocate T P Vivekananda FOR R1.
AGA Navya Shekhar FOR R2.
Advocate S H Prashanth FOR R3.
Citation No: 2024 LiveLaw (Kar) 435
Case Title: Nagabhushana B AND Registrar General & Others
Case No: WRIT PETITION NO. 17956 OF 2024