Bombay HC – Powerful Precedent for Teachers’ Welfare and Compassionate Interpretation of Medical Reimbursement Scheme for Son’s Illness
Medical Reimbursement of Treatment of Son of Assistant Teacher
On 3.6.1996, the petitioner was appointed as Assistant Teacher in the respondent No.5 School – Bharat Shikshan Sanstha and the said appointment was approved by the Education Officer.
On 19.1.2018, the son of the petitioner was admitted in the approved hospital at Pune for the treatment of Acute Mixed Phenotypic Leukemia. However, he passed away on 22.2.2018. The petitioner had spent Rs.18,03,237/- for medical treatment.
The Civil Surgeon, Solapur, issued the letter that the illness was covered by the Government Resolution dated 19.3.2005 of the State Government.
However, the respondent no.2 Deputy Director of Health Services rejected the claim on the ground that the said illness was not included in the said Resolution.
GR provides for the serious illness of “blood cancer” However, there is no certificate that son was suffering from “blood cancer”.
HELD that the GR covers blood related illness, the illness of son was even otherwise blood-related and that the impugned letter does not give any reason for differing with the opinion of the Civil Surgeon.
The very object of the Government Resolution dated 19th March 2005 is to make sure that Government and aided-school employees do not face inancial hardship while seeking life-saving treatment for themselves or their family members. Denying reimbursement in such a sensitive and deserving case would go against the spirit of the G.R., for this would only add to the pain and hardship already suffered by the petitioner. The expenditure incurred was neither optional nor extravagant, but an inevitable attempt to save a young life. To deny reimbursement in such a situation would amount to compounding the grief and financial burden of a parent who has already sufered the heartbreaking loss of a child at a very young age.
