SHIVA KANT JHA versus UNION OF INDIA

A government employee/pensioner is entitled to reimbursement under CGHS for genuine emergency treatment in non-empanelled hospitals, provided the factum of treatment is established. Denial on technical grounds or failure to follow strict procedure in emergencies violates the right to health under Articles 14 and 21.

Parties: Petitioner: Shiva Kant Jha; Respondent: Union of India
Jurisdiction: India
Judgment Date: 13 April 2018
Procedural Posture: Writ Petition (civil) / Disposition
Outcome: petition disposed
Legal Topics: Central Government Health Scheme (cghs), Medical Reimbursement, Retired Government Employee Welfare, Emergency Medical Treatment, Government Policy on Health Benefits

Service Law Constitutional Law Central Government Health Scheme (cghs) Medical Reimbursement Retired Government Employee Welfare Emergency Medical Treatment Government Policy on Health Benefits

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Parties

Shiva Kant Jha

Petitioner

Union of India

Respondent

Procedural Posture

Writ Petition (civil) / Disposition

Legal Issues

1 Whether denial of medical reimbursement for treatment in a non-empanelled hospital during emergency is valid under CGHS rules
2 Whether prior permission is necessary for emergency treatment reimbursement
3 Entitlement of retired government employees to medical facilities under CGHS

Ratio Decidendi

Court Disposition

petition disposed

Orders

Respondent directed to pay balance amount of Rs. 4,99,555/- to the petitioner.
Concerned Ministry directed to constitute a grievance redressal committee for pensioner reimbursement claims.