Retired employees to get medical reimbursement: Court

 Ruling that all government employees, even those retired, are entitled for medical reimbursement, the Delhi High Court Tuesday asked the Delhi government to pay the medical bills of a man who retired from a government enterprise in 2002.

Justice Kailash Gambhir asked the government to pay the medical expenses of Suraj Bhan and said: The state has a constitutional obligation to bear the medical expenses of government employees while in service and also after they are retired. Clearly in the present case by taking a very inhuman approach, these officials have denied the grant of medical reimbursement to the petitioner forcing him to approach this court.

Bhan had approached court seeking reimbursement of his medical bills.

In 2003, following a circular issued by the government, Bhan got enrolled for the medical scheme and paid the premium on regular basis though he had retired a year earlier. In 2007, a new scheme was introduced, but he was not aware of it.

Bhan was suffering from asthma and was under treatment at the Sir Ganga Ram Hospital from July 3 to July 9, 2004. When he moved an application for reimbursement of Rs.33,654 towards hospital bills it was rejected by the employment officer as Bhan was not part of the 2007 scheme.

It is quite shocking that despite various directions from the courts, the government in utter defiance of the law has taken a position that the pensioner is not entitled to the grant of medical reimbursement since he did not opt to become a member of the said health scheme after his retirement, the court said and imposed a law suit cost of Rs.10,000 on the government.

The government said that since Bhan had not opted for the new scheme in 2007, he was not entitled to reimbursement.

The scheme is prospective in nature and the same would be effective once an employee becomes a member of the scheme and not otherwise, counsel for the government said.

It is a settled legal position that a government employee during his life time or after his retirement is entitled to get the benefit of medical facilities and no fetters can be placed on his rights on the pretext that he has not opted to become a member of the scheme or had paid the requisite subscription after having undergone the operation or any other medical treatment, the court said.

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5 thoughts on “Retired employees to get medical reimbursement: Court

  1. Moin

    My father is karnataka state gov retired employee of pwd. he is 84 years old , admited in apolo hospital bangalore .till now spent 10 laks still in hospital . any gov scene ? please let us know . to whom and where to contact . regards

  2. syd

    My father retired in 2002 from government job in KEB (now KPTCL), now he is having medical issues. Question is can we get reimbursements for the expenses?

  3. Rk goel

    My wife retired on 9/07/2013 from a ministry & spent Rs.5000/ on hospitalization thereafter. She is covered by CGHS & pensioner card is yet to be issued. Who will reimburse 5000/- now ?

  4. Rajiv Minhas

    My father is retired from education deptt himachal pradesh he has taken emergency heart treatment from private hospital i want to know is able to reinvestment his medical bill .

  5. K.Mohana Kumar

    an employee who was admitted to hospital was discharged from hospital after his retirement date . will he eligible to get reimbursement of his medical claim amounting to Rs 40000/-

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