The Delhi High Court has directed the Delhi Govt to pay a sum of over ₹16 lakhs to a Senior Judicial Officer (ADJ Saket) to reimbuirse the expenses incurred on him due to Covid-19 treatment.
The single-judge bench of Justice Rekha Palli opined that the Judge cannot be faulted or penalised for hospital charging amounts higher than what was prescribed by the Government.
The Court clairfied that it is rather the Government's responsibility to take appropriate action against the hospital at fault for flouting any order issued by it and that the beneficiaries of schemes cannot be affected by the same.
"In support of his plea, that once it is admitted that the entire sum of Rs.24,02,380/- was spent by the petitioner for his medical treatment, which he was compelled to take from respondent no.5 on account of the grave threat to his life, and would therefore be entitled to reimbursement of the entire amount."
The Judge had approached the Court being aggrieved by the refusal of the Government in reimbursing in full the expenses incurred by him for his medical treatment, while he was admitted.
Since the only defence taken by the Government was that the Hospital didn't comply to its circular, the Court was of the view that this doesn't put any burden on the petitioner-Judge who battled with the deadly Covid-19 after remaining on ventilator for over three weeks to seek refund from an entity that took him in a dire situation.
The Court reflected on the real situation Delhi faced during the second wave of Covid-19 and when the residents of Delhi were not only struggling to get hospital beds, but there was also a huge shortage of oxygen.
It said that the petitioner, had no other option but to take treatment at the respondent-hospital and is rightfully thanful for his survival. One shudders to think what fate the petitioner would have met if he had not, at that point, been treated at respondent no.5 hospital, it added.
The Court was of the view that the petitioner, who had to spend his hard-earned savings, while undergoing treatment to save his life, cannot be simply told that, since respondent failed to abide by the circular issued by Government he should seek refund from the said hospital which saved his life.
"This Court does not deem it appropriate or necessary to delve into the validity of the circular dated 20.06.2020, in the present petition, where an officer of Delhi Higher Judicial Service is seeking simpliciter reimbursement of the amount for the bona fide expenses incurred by him for treatment at the respondent no.5 hospital for Covid-19, when the city was engulfed with the second wave of the pandemic."
The Court relied on one of its decision wherein the hospital had charged over and above package rates and it had held that the employer was under an obligation to pay to the government employee, and could make appropriate recoveries in accordance with law, from the hospital which had overcharged him.
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(With input from news agency language)
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