Court Quashes State's Denial of Full Reimbursement, Orders Payment with Interest, Advocates Policy Reforms for Future Cases
In a landmark judgment, the Punjab and Haryana High Court has reaffirmed the right to health as a fundamental component of the right to life under Article 21 of the Constitution, ordering the State of Haryana to fully reimburse a retired government engineer for medical expenses incurred during a life-threatening emergency. The court, presided over by Justice Sandeep Moudgil, quashed the state's decision to limit the reimbursement to government-set rates and directed the respondents to pay the remaining amount with interest.
Rama Kant Sharma, a retired Chief Engineer from the Irrigation & Water Resources Department, experienced a severe medical emergency in January 2018, resulting in a coma and requiring immediate transfer to Fortis Memorial Research Institute, Gurugram. Despite the emergency being certified by a competent authority, the state restricted Sharma's reimbursement to ?1,38,422, calculated at PGI/AIIMS rates, against a total bill of ?3,54,647.
The court found this limitation to be in violation of constitutional rights, emphasizing that technicalities, such as the hospital's non-empanelled status, cannot override the obligation to preserve life. Citing precedents like Shiva Kant Jha v. Union of India, the court noted that the state must bear medical expenses in emergencies, reinforcing that reimbursement frameworks should align with constitutional guarantees rather than rigid policy constraints.
Justice Moudgil further recommended systemic reforms to the medical reimbursement policy to ensure comprehensive coverage in certified emergencies, regardless of hospital empanelment. This decision is seen as a pivotal step in safeguarding citizens' rights to health care, particularly for retired public servants.
The court's directive includes a 9% per annum interest on the outstanding reimbursement amount, calculated from the date of discharge until full payment, illustrating the judiciary's commitment to enforcing timely compensation for health-related expenses.
Bottom Line:
The right to health and medical care is a fundamental right under Article 21 of the Constitution of India, and reimbursement for life-threatening emergency medical treatment cannot be denied or curtailed solely on technical grounds such as the empanelment status of the hospital.
Statutory provision(s): Articles 21, 14, 226 of the Constitution of India
Rama Kant Sharma v. State of Haryana, (Punjab And Haryana) : Law Finder Doc id # 2857730
