Healthcare most important facet of civilised society: CAT

Srinagar, Oct 1: Underscoring primacy of healthcare being guaranteed under constitution, the Central Administrative Tribunal (CAT) in Srinagar has noted that life and health are sacrosanct in any civilized society and must be protected.

A bench of M S Latif Member (Judicial) made the observations while deciding on a teacher’s plea seeking court’s intervention to grant ex-post facto sanction in her favour for reimbursement of medical expenses incurred by her on the treatment of Ascending Aorta Replacement (cardiovascular surgical procedure).

In her plea, the teacher had said that her treatment could not be conducted completely at a government-run hospital and as such her surgery was to be carried out in a hospital outside J&K.

“Admittedly, healthcare is the most important facet in any civilized society, guaranteed under article 21 of the Constitution of India. There could have been instances where an employee is suffering from such an ailment and delay in treatment whereof would be fatal to his health, then the employee is safeguarded by the rules known as J&K Civil Services Medical Attendance and Allowances Rules, 1990 and it is for this reason that in the particular facts and circumstances of the case, the competent authority has been given power to relax, which is contained under rule 8 of the said Rules,” the tribunal said.

The tribunal observed that such matters are purely administrative in nature and the power to relax is with the competent authority.

However, at the same time, the tribunal held that while considering a case, the competent authority has to apply its mind to each and every such case and decide the same on its merits.

“A case, on the face of it, cannot be brushed aside, if it has a merit and if there is a genuine reason for the employee in order to protect his or her life, for, life is precious and its protection is the duty of the State as envisaged under Article 21 (of constitution),” the tribunal said.

The court disposed of the teacher’s plea by providing that the authorities would consider and decide her representation on its merits within a period of eight weeks. In doing so, the tribunal ordered the authorities to keep in view the mandate of law as contained in J&K Civil Services Medical Attendance and Allowances Rules, 1990. “While considering the case of the petitioner, the competent authority shall take note of the observations made hereinabove and the case law cited at the bar.”