SURJIT SINGH versus STATE OF PUNJAB AND ORS.

SURJIT SINGH versus STATE OF PUNJAB AND ORS.

The appellant's hypothetical claim for reimbursement at rates of Escorts Heart Institute is valid under Article 21, as self preservation is a necessary component of the right to life, and the State policy recognises Escorts for open heart surgery. Since the appellant brought down his claim from actual expenses abroad to the rates prevalent in Escorts, and since such rates are duly recognised, payment should be made accordingly after adjusting prior reimbursement.

Parties
Appellant: Surjit Singh; Respondents: State of Punjab and Ors.
Jurisdiction
India
Judgment Date
31 January 1996
Procedural Posture
Civil Appeal / Supreme Court Appeal From Punjab & Haryana High Court, Final Judgment
Outcome
Appeal allowed
Legal Topics
Article 21 Right to Life and Self Preservation, Medical Reimbursement Policy for Government Employees, Recognition of Private Hospitals for Treatment
Constitutional Law Service Law Article 21 Right to Life and Self Preservation Medical Reimbursement Policy for Government Employees Recognition of Private Hospitals for Treatment

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Parties

Surjit Singh

Appellant

State of Punjab and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal From Punjab & Haryana High Court, Final Judgment

Legal Issues

  1. 1 Validity of hypothetical claim for medical reimbursement at rates of recognised private hospital (Escorts) when treatment occurred abroad
  2. 2 Right to self preservation as integral part of right to life under Article 21
  3. 3 Applicability of State medical reimbursement policy in absence of Medical Board examination

Ratio Decidendi

The appellant's hypothetical claim for reimbursement at rates of Escorts Heart Institute is valid under Article 21, as self preservation is a necessary component of the right to life, and the State policy recognises Escorts for open heart surgery. Since the appellant brought down his claim from actual expenses abroad to the rates prevalent in Escorts, and since such rates are duly recognised, payment should be made accordingly after adjusting prior reimbursement.

Court Disposition

Appeal allowed

Orders

  • Respondents to pay the difference to appellant as per rates admissible at Escorts Heart Institute, within two months, adjusting Rs. 40,000 already paid. No order as to costs.