HC to rescue of Govt medical claimants

Holding that the obligation of the State Government and their duty towards achieving the goal of health for all cannot be abdicated on any flimsy or technical reasons, the Madurai Bench of the Madras High Court has set aside the impugned orders issued by it rejecting the claims made by Government servants, pensioners and their kin to get medical reimbursement under the New Health Insurance scheme implemented by the State Government from time to time.

Justice R Suresh Kumar while admitting a batch of writ petitions challenging the dismissal of their medical claims, said “Even though the District Level Empowered Committee (DLEC) has been constituted headed by the District Collector concerned, in some of the cases, if this Court looks at the decision making process as well as end result of the decision taken by the DLEC, it is hardly to believe whether any application of mind has been made by DLEC against each of the claim before taking a decision either to accept or reject the claim.”

“In a number of cases, very mechanically rejection orders have been passed with one-word reason or one-line reason, that itself is unacceptable or unsustainable,” the judge said. Based on this, the judge remanded all the pleas to the respective DLEC and directed it to give orders to the Insurance Company to reimburse the claim made by the respective claimants.

If the Committee finds some cases where the Insurance Company cannot be directed to reimburse, in those cases, suitable orders shall be passed directing the State authorities to reimburse the claim under Medical Attendance Rules.

Once such orders are passed, the Insurance Company shall immediately reimburse the medical claim with 6 per cent interest from the date of due till date of payment, within 30 days, formed part of the directions offered by JusticeSuresh Kumar.