Rajasthan High Court Directs Reimbursement Of COVID-Era Medical Expenses Incurred At Non-Recognised Hospital
The Rajasthan High Court has directed the government to reimburse the medical claim of an ex-Associate Professor at University of Rajasthan, who underwent treatment at multiple hospitals during Covid-19, before finally succumbing to the illness.The bench of Justice Rekha Borana observed that during unprecedented times of Covid 19, when immediate availability of medical care was of...
The Rajasthan High Court has directed the government to reimburse the medical claim of an ex-Associate Professor at University of Rajasthan, who underwent treatment at multiple hospitals during Covid-19, before finally succumbing to the illness.
The bench of Justice Rekha Borana observed that during unprecedented times of Covid 19, when immediate availability of medical care was of paramount importance, denial of medical reimbursement on the ground of non-recognised hospital and absence of any emergent condition, could not be sustained.
For context, the Court was hearing a petition filed by the daughter of the deceased who superannuated in 2000 from the post of Associate Professor at the University of Rajasthan. The deceased had remained hospitalized at different hospitals in Delhi during Covid 19 and ultimately expired in 2021.
The petitioner had raised medical claim from the respondent of around Rs. 9,00,000/- which was rejected on the ground that the treatment was taken in non-recognized hospitals outside the State, without any demonstrable evidence that the requisite treatment was not available in Rajasthan or that there was an emergent situation that warranted treatment at the nearest place.
After hearing the contentions, the court referred to the cases of Rama Prasad Sharma v State of Rajasthan and State of Rajasthan & Ors. v Tikam Chand Maloo, in which it was held that even if the employee took treatment at non-recognized hospitals outside state, medical reimbursement had to be given.
The Court further highlighted, “It is an universally accepted fact that during unprecedented COVID-19 pandemic, the immediate availability of medical care was of paramount importance. It was the period when patients were compelled to seek treatment at the nearest available hospital, irrespective of the fact whether such hospital was recognised or outside State, owing to the then prevailing circumstances.”
In this background, it was concluded that denial of reimbursement to the petitioner could not be sustained in law.
Accordingly, the petitioner was held to be entitled for the reimbursement of the medical claim to the extent permissible under the Rajasthan Civil Services (Medical Attendance) Rules, 2008, or as per Rules applicable to the employees of the Rajasthan University.
The respondent was directed to reimburse the medical claim with an interest at the rate of 6% p.a.
Title: Anupama Prasad v State of Rajasthan & Ors.
Citation: 2026 LiveLaw (Raj) 322