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Health

‘State can’t be whimsical’: Calcutta High Court upholds Rs 29 lakh cancer treatment claim for family of retired employee

Calcutta High Court News: The Calcutta High Court recently upheld the reimbursement of over Rs 29 lakh to the legal heirs of a retired government employee who was on life-saving cancer treatment, holding that the state cannot take “whimsical decisions” and technicalities such as opting for Fixed Medical Allowance (FMA) cannot override the fundamental right to health under Article 21. Justices Debangsu Basak and Ajay Kumar Gupta were hearing the plea filed by the state challenging the Central Administrative Tribunal’s 2019 order in favour of the legal heirs of the retired government employee, K. R. Samson, who died during the pendency of the application.

The bench noted that the right to life includes the right to live a life in a meaningful and purposeful manner with dignity. (Image is enhanced using AI)

The bench noted that the right to life includes the right to live a life in a meaningful and purposeful manner with dignity. (Image is enhanced using AI)

Credit: Indianexpress

Key Highlights

  • “Fixed Medical Allowance is intended to meet routine and minor medical expenses, and therefore, cannot be construed as a waiver of the right to reimbursement.. particularly in cases involving life-threatening diseases.
  • To hold otherwise would amount to placing an unreasonable restriction on the right to health of retired employees and pensioners”, the high court observed in its February 27 order.
  • Richa Sahay is a Legal Correspondent for The Indian Express, where she focuses on simplifying the complexities of the Indian judicial system.
  • A law postgraduate, she leverages her advanced legal education to bridge the gap between technical court rulings and public understanding, ensuring that readers stay informed about the rapidly evolving legal landscape.
  • Expertise Advanced Legal Education: As a law postgraduate, Richa possesses the academic depth required to interpret intricate statutes and constitutional nuances.
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Sources

  1. ‘State can’t be whimsical’: Calcutta High Court upholds Rs 29 lakh cancer treatment claim for family of retired employee

This quick summary is automatically generated using AI based on reports from multiple news sources. The content has not been reviewed or verified by humans. For complete details, accuracy, and context, please refer to the original published articles.

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