Ambika bhardwaj
Published On: January 22, 2022 at 16:35 IST
The Chattisgarh High Court ruled that self-preservation is a component of Right to Health, which is recognised as a Fundamental Right under Article 21 of the Indian Constitution.
Justice Sanjay Kumar Agarwal directed the Authority to take into account the Petitioner’s request for Post-Facto Medical Reimbursement, holding that the provisions concerning Medical Treatment Reimbursement must be construed liberally.
It was ruled by the Court that the “Right to Health” includes the “Right to Affordable Treatment,” and that the Provisions relating to Medical Treatment Reimbursement must be liberally construed.
The Petitioner underwent a spinal cord surgery and sought reimbursement for medical expenses which were Rs. 99,743.
But the Claim was denied as she had not been intimidated by surgery and thus is not entitled to reimbursement.
The Claim was returned on the grounds that Post-Facto Sanction could not be given under the Chattisgarh Civil Services (Medical Attendance) Rules, 2013.
It was argued by Advocate Akash Kumar Kundu, who represented the Petitioner that because the surgery was an emergency and she had to stay in the hospital for seven days, the rule of notifying the competent Authority could not be followed.
Further, he argued that the return of the medical bill was arbitrary, a rule that was not required to be followed stringently. He also contended that, under Article 21 of the Indian Constitution, the Right to Self-Preservation is a component of the Right to Life.
A consideration for the Petitioner’s Case for Post-Facto Sanction under the Relevant Rules within 45 days from the date of receipt of the Order was directed by the Court.