KERALA HC - STATE'S OBLIGATION TO BEAR EXPENSES INCURRED BY GOVERNMENT SERVANTS FOR MEDICAL TREATMENT

The Kerala High Court held that as per its policy, the Government is obliged to provide for and bear the expenses incurred by government servants for medical treatment. The right to health is an essential part of the right to life, and reimbursement of medical expenses of government servants is mandated under the Kerala Government Servants Medical Attendance Rules.

Justice Murali Purushothaman was hearing a petition moved by an Assistant Professor at the Catholicate College and his father. The father was recently diagnosed with cancer and was taken to a private hospital for treatment. In 2018, the father underwent surgery (at the Laparoscopic Department), and subsequently, the petitioner applied for reimbursement. However, In 2020, the Government issued a circular stating that treatment availed at government-recognized private hospitals will be only reimbursed. Therefore, the reimbursement claim was rejected. And hence, the present petition.

The Court observed that a claim for reimbursement is admissible even if the treatment availed is a private hospital, provided it is impaneled under the Rules. "It is for the Doctor to determine how a patient should be treated and which surgical procedure is suitable. When the Government has recognized the Medical and Surgical Oncology department of the Hospital, the respondents cannot deny the claim of the petitioner stating that the General and Laparoscopic surgery department from where the father has received the treatment is not recognized by the Government".

Justice Murali Purushothaman ordered to reconsider a new application for reimbursement within two months.

Author: Papiha Ghoshal