State Of Punjab & Ors vs Ram Lubhaya Bagga Etc. Etc on 26 February, 1998 safeguard the right to life of every person. Preservation of human life is thus of paramount importance. The government hospitals run by the State and the medical officers employed therein are duty bound to extend medical assistance for preserving human life. Failure on the part of a government hospital to provide timely medical treatment to a person in need of such treatment results in violation of his right to life guaranteed under Article 21." In Paschim Banga Khet Mazdoor Samity Vs. State of West Bengal, 1996 (4) SCC 36; "Para 16- It is no doubt true that financial resources are needed for providing these facilities. But at the same time it cannot be ignored that it is the constitutional obligation of the State to provide adequate medical services to the people. Whatever is necessary for this purpose has to be done. In the context of the constitutional obligation to provide free legal aid to a poor accused this Court has held that the State cannot avoid its constitutional obligation in that regard on account of financial constraints. The said observations would apply with equal, if not greater, force in the matter of discharge of constitutional obligation of the State has to be kept in view." On the basis of last decision reference to above, the question is, whether such a right is absolute and no financial constraints could be pleaded or if it could be, to what extent? This we would be adverting little later. Learned counsel for the appellants fairly submits that in respect of any such claim of reimbursement for a period prior to the new policy, the old policy of 1991 as modified before the new policy would be applicable. so far as the old policy goes the law is well settled through various decisions of this Court about which there is not much dispute. Before proceeding further we would like to refer to a preliminary objection raised by learned counsel for the respondent that under this new policy when the State Government denied such claim of an employee in circumstances similar to the present case, the said employee filed a writ petition which was allowed by the High Court in the case of Varian Singh vs. State of Punjab (1996 (4) SLR 177) against that judgment the State filed SLP (C) No. 12954 of 1996 and it was dismissed by this Court on 17th December, 1996. Hence it is contended for the respondent that the State cannot take up the same stand which has become final. We are informed and it is not disputed that the said dismissal of the SLP was not by any reasoned order. Points raised here before us was neither raised nor decided in that SLP by this Court. As this question is likely to come in future, we feel it is necessary to decide and settle it. Hence this preliminary objection raised by the respondent has no force. The validity of the claim of the respondents has been upheld by the High Court under the impugned order and the which respondent has been held entitled to total reimbursement of his expenses Indian Kanoon - http://indiankanoon.org/doc/1563564/ 4