AIR 2018 SUPREME COURT 1975 ::2018 Lab IC 2274 ::(2018) 5 Scale 551 ::AIR 2019 SC (Civil) 169

Supreme Court Of India

Hon'ble Judge(s): R. K. Agrawal, Ashok Bhushan , JJ

Constitution of India , Art.16— Medical reimbursement claim - Through Central Govt. Health Scheme (CGHS) - Cannot be denied merely because treatment was in non-empa-nelled hospital of CGHS. It is settled legal position that Government employee during his life time or after his retirement is entitled to get benefit of medical facilities and no fetters can be placed on his rights. It is acceptable to common sense, that ultimate decision as to how patient should be treated vests only with Doctor, who is well versed and expert both on academic qualification and experience gained. Very little scope is left to patient or his relative to decide as to manner in which ailment should be treated. Speciality Hospitals are established for treatment of specified ailments and services of Doctors specialized in discipline are availed by patients only to ensure proper, required and safe treatment. Right to medical claim cannot be denied merely because name of hospital is not included in Government Order. Real test must be factum of treatment. Before any medical claim is honoured, authorities are bound to ensure as to whether claimant had actually taken treatment and factum of treatment is supported by records duly certified by Doctors/Hospitals concerned. Once, it is established, claim cannot be denied on technical grounds. Clearly, in present case, by taking very inhuman ap....