Karnataka HC Permits Former State Information Commissioner To Avail Medical Treatment Under Centre's Health Scheme, Dismisses Govt's Appeal

The Karnataka High Court on Monday dismissed an appeal filed by the Union of India challenging a single bench order permitting a former State Information Commissioner to avail medical treatment and Hospital facilities as provided in the Central Government Health Scheme.

A division bench of Chief Justice N V Anjaria and Justice K V Aravind dismissed the appeal saying, “The appeal is dismissed.We have concurred with the view taken by the Ld Single judge.” The detailed order will be made available in due course.

Petitioner L Krishnamurthy who retired as State Information Commissioner on October 25, 2019 had approached the court after the authorities rejected his claim for availing the medicals benefits, relying on the Notification issued on 24.10.2019.

The single judge had vide its order dated June 21, 2023 held that Clause-18 of the notification dated October 24, 2019, makes it clear that benefit of medical treatment and Hospital facilities is to be provided to the State Information Commissioner. Since, the petitioner was in service as on the date of publication of the said notification, the endorsement issued rejecting his claim was quashed.

In appeal the Central Government Counsel Kumar M N argued that the rule does not provide for post-retirement benefits.

However, the Court dismissed the appeal and rejected the Central Government's prayer for stay of the order till appeal is filed.

Case Title: UNION OF INDIA & Others AND L. KRISHNAMURTHY & Others

Case No: WA 1556/2023

Citation No: 2024 LiveLaw (Kar) 307