The Chandigarh Bench of the Central Administrative Tribunal has ruled that retirees of the Central Government departments who opted for fixed medical allowance are also entitled to medical reimbursement of indoor treatment.
The Chandigarh Bench of the Central Administrative Tribunal has ruled that retirees of the Central Government departments who opted for fixed medical allowance are also entitled to medical reimbursement of indoor treatment.
The CAT passed the judgment in 16 different cases of employees who were denied reimbursement of expenditure on indoor treatment. Rishav Sharma, counsel for one of the applicants, argued that the move was against Articles 14 and 21 of the Constitution. The tribunal framed four issues: Whether the CS (MA) Rules are applicable to the retired persons, whether those who opted for fixed medical allowance are entitled to reimbursement for indoor treatment, whether applicants are entitled to reimbursement for emergency treatment and whether those who have not opted for indoor/outdoor facility are entitled to medical reimbursement.
On the applicability of CS (MA) Rules, 1944, the tribunal said issue had already been settled by the Supreme Court in the matter of Shiva Kant Jha vs. Union of India.
On second issue, it said the SC had held that it was the duty of the welfare state to look after the health of its citizens, including retirees. On the third, it said the SC had held that medical claim could not be denied merely because the hospital was not included in government order. On the fourth, the tribunal said it had been held that in those cases, reimbursement was to be given at PGI/AIIMS rates.
It said all original applications were allowed and respondents directed to decide the matter within two months.