State Of Punjab & Ors vs Ram Lubhaya Bagga Etc. Etc on 26 February, 1998
September, 1994 followed by placing the new policy on 13th February, 1995. In short respondents
grievance, is the claim which was allowed by this Court earlier when such employees were admitted
for heart ailment in escorts a non- governmental hospital, is now being declined which was allowed
by this Court earlier when such employees were admitted for heart ailment in Escorts a
non-governmental hospital, is now being declined which is in contradiction to the said rulings of
this Court.
In short in SLP (C) No. 13167 respondent is said have suffered a severe heart attack on 13th March,
Research Center in an emergency. On 27th March, 1995 and was taken to the Escorts Hearts
Institute and Research Center in an emergency. On 27th March he underwent coronary artery
bypass graft surgery. Finally he was discharged on 10th April, 1995. The entire expenses incurred for
the treatment, surgery, post-operative check up etc. came to Rs. 2,11,758,70. In May, 1996 he has
submitted the bill to the government for reimbursement.
The appellant's stand is that as per new policy dated 13th February, 1995 the reimbursement of the
medical expenses incurred in any private hospital is only admissible, if for such ailment, treatment
is not available in any government hospital, and for this no objection certificate is obtained from the
Civil Surgeon or Director of Health Services as the case may be. Respondent's case was not referred
to the Escorts for any treatment by any of the competent authority. For any such claim an employee
must obtain no objection certificate from the concerned authority. In cases of emergency if admitted
in a private hospital ex-post facto approval could be obtained from the concerned authority of
course within the permissible parameters. As the claim relates to surgery conducted after the new
policy and the reimbursement amount is claimed on the basis of the bill of the Escorts, the same is,
according to appellant not permissible in as much as the Committee of Technical Experts has
decided as per the new policy that only rates as prevalent in All India Institute of Medical Sciences,
New Delhi, will be paid.
The respondents with vehemence challenge this stand and the new policy of the appellant which has
come into force on 13.2.95 as the same being violative of Article 21 of the Constitution of India. It is
argued this is one of the most sacred fundamental rights given to its citizen. Since right to life is
protected under this Article hence refusing to pay the amount spent to save one's life amounts to the
curtailment of such right, hence violative of Article
21. In earlier decisions this Court has said that the right to live does not mean mere survival or
animal existence but includes the right to live with Human dignity. In other words, man's Life
should be meaningful, worth living. Pith and substance of life is the health, which is the nucleus of
all activities of life including that of an employee or other viz. the physical, social, spiritual or any
conceivable human activities. If this is denied, it is said everything crumbles.
This Court has time and again emphasised to the Government and other authorities for focussing
and giving priority and other authorities for focussing and giving priority to the health of its, citizen,
which not only makes one's life meaningful, improves one's efficiency, but in turn gives optimum
out put. Further to secure protection of one's life is one of the foremost obligation of the State, it is
not merely a right enshrined under Article 21 but an obligation cast on the State to provide this both
Indian Kanoon - http://indiankanoon.org/doc/1563564/
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