Court rules that fiscal discipline cannot override constitutional rights, orders reimbursement for cancer treatment expenses.
In a landmark judgment, the Andhra Pradesh High Court has reinforced the constitutional right to health by ruling in favor of a retired government employee, N G Papa Rao, who sought reimbursement for medical expenses incurred during his wife's cancer treatment. The court declared that a government order promoting fiscal discipline cannot override the constitutional obligation to reimburse medical expenses, emphasizing that the right to health is integral to the right to life under Article 21 of the Indian Constitution.
The case revolved around the denial of a reimbursement claim amounting to Rs. 96,424, which was submitted by Rao for the treatment of his wife, who suffered from cancer. The petitioner had filed the claim in 2009, but it was returned by the government citing G.O.Ms.No.230, which imposed restrictions on financial relaxations to promote fiscal discipline.
Justice Sri Subba Reddy Satti, presiding over the matter, highlighted that government orders cannot contravene constitutional rights. The judgment referenced several Supreme Court rulings, including the Consumer Education & Research Centre v. Union of India, which affirmed the government's obligation to provide health facilities under Article 39(e).
The court also pointed out that the government order, issued in 2011, was applied retrospectively to a claim made in 2009, which was not legally sustainable. Consequently, the court set aside the memo rejecting the reimbursement and directed the authorities to process the payment within four weeks.
This ruling underscores the judiciary's role in upholding citizens' rights and mandates that administrative actions must align with constitutional provisions, ensuring that individuals are not denied their fundamental rights due to procedural or fiscal constraints.
Bottom Line:
Right to health is integral to the right to life under Article 21 of the Constitution of India. A Government Order promoting fiscal discipline cannot override a constitutional right or the State's obligation to reimburse medical expenses incurred by a retired government employee.
Statutory provision(s): Article 21 of the Constitution of India, Article 39(e) of the Constitution of India, Andhra Pradesh Integrated Medical Attendance Rules, 1972.
