In a significant judgment reinforcing the rights of employees, the Punjab and Haryana High Court has ruled that a prolonged and unexplained delay in settling genuine emergency medical reimbursement claims is a violation of the Right to Life under Article 21 of the Constitution. Justice Sandeep Moudgil asserted that the State cannot penalize an employee by citing procedural technicalities for circumstances beyond their control during a medical crisis.
The Case: Emergency at Odd Hours
The ruling came on a petition filed by a Haryana government employee whose wife required immediate life-saving surgery.
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The Incident: The petitioner’s wife was admitted to a private, non-empanelled hospital in Delhi during odd hours in an emergency condition.
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Procedures: She underwent multiple surgeries, including the removal of the uterus and gall bladder and hernia repair, to save her life.
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The Dispute: Despite the genuineness of the bills and the medical urgency not being in dispute, the State withheld full reimbursement, causing a delay of several years.
Court’s Observations: “Callous and Indifferent”
Justice Moudgil termed the conduct of the authorities as “callous and indifferent,” noting that the delay caused both financial hardship and mental agony.
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Article 21 Violation: The Bench described the withholding of the claim as “wholly arbitrary, illegal and violative of Article 21.”
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No Choice in Emergency: The court observed that in life-threatening situations, patients have no “meaningful choice” to wait for admission at government institutes like PGIMER or AIIMS, which are often overburdened.
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Rejection of PGI Rates: The State’s argument that reimbursement should be limited to PGIMER or AIIMS rates was rejected as “wholly misconceived.” The court held that denying full reimbursement for actual costs incurred during an emergency amounts to penalizing the employee.
The Verdict
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Order: The High Court directed the respondents (State of Haryana) to release the balance medical claim of ₹4,20,766 to the petitioner.
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Interest: The State must also pay 6% interest on the amount within four weeks.
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Final Word: “The authorities cannot escape liability by hiding behind procedural technicalities,” Justice Moudgil ruled.
