Medical Reimbursement claim cannot be rejected because prior referral order not obtained

In a case where the head clerk engaged in district judiciary took the required treatment for nasal cancer through which he was suffering. His application for seeking medical reimbursement for the expenditure which he incurred of Rs. 3,72,301 was rejected on the ground that he did not obtain prior referral order from Medical Board.

The ultimate resolution he thought of was approaching the court and challenging the rejection order that he had applied for referral order before taking treatment outside the state. The government though opposed his statements by stating that no order for referral was allowed outside state to take treatment, and it did not seem that there was any urgency for him to travel outside the state for getting treated without appearing before Medical Board. Though it was stated that the petitioner approached the authorities for permission to travel outside the state as he was struggling through aggressive infection on his nose which was not cured inspite of getting treated by ENT specialists.

The condition of the petitioner was deteriorating and he was not in position to wait for the referral order. Though he went to several local doctors for getting treated by it had no effect and thus when the Vellore Hospital detected the petitioner was suffering from cancer, he immediately got himself admitted for further treatments. Thus, after hearing arguments of both sides the court arrived at conclusion and directed the government to process the medical reimbursement bill and release the same to an extent as per the government policy the same are payable with eight weeks.

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