ALL INDIA ESIC PENSIONERS' FEDERATION

1402 SECTOR 8 , FARIDABAD 121006 INDIA

 
 

                                   IMPORTANT JUDGEMENTS

1.Reimburse medical expenditure 100 percent& at 75percent above AIIMS rates-SC  SUMAN RAKHEJA V/S STATE OF HARYANA
(2004) 13 SUPREME COURT CASES 562
2.PRINCIPAL BENCH NEW DELHI. SUNIL KUMAR JANA V/S UOI HELD Reimbursment of 100% medical expenditure & upto 75% above the AIIMS rates-For treatment in emergency CAT Judgments.
3.Settlement of reimbersement of Medical expenditure-Govt. to pay interest for delay over 3 months-Pujab& Haryana H.C.
WARYAM SINGH V/S STATE OF PANJAB  SLR 1996 (4)196
4.MEDICAL FACILITIES FOR RETIRED EMPLOYEES are covered by consumer protection Act.1986-NATIONAL CONSUMER DISPUTES REDRESSAL NEW DELHI  The question before the NCDRC was "whether a pensioner and beneficiary of the CGHS would be a consumer under the provisions of Consumer Protection Act, 1986, for alleged deficiency in service by the CGHS Medical Officer".

Answering in the affirmative, NCDRC said medical treatment facilities extended to a retired under CGHS could not be termed as 'free service' as it was in consideration of service rendered by him to the government till the age of superannuation, which conferred a right on him to get pension as well as other benefits, including medical treatment presribed by various rules or the schemes framed by the Centre.

"Such employee would be a consumer as defined in Section 2(1)(d)(ii) of the Consumer Protection Act," said Justice Shah , writing for the Bench. Explaining the reason behind the conclusion that would make the retired employees feel less neglected, the NCDRC said service rendered by the government employees before retirement would be "consideration" for providing medical facilities to him or his family members.

"Hence, it cannot be said that the hospital which is subsidised by the government is rendering service free of charge," it said.

The NCDRC verdict came on a petition filed by retired employee Jagdish Kumar Bajpai, throgh advocate Nikhil Nayar, claiming that he was refused medicines for his wife by the CGHS dispensary in Kanpur. He also claimed damages to the tune of Rs. 4 lakh alleging that his wife died due to the negligence of the medical officer.


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