AIR 2008 SUPREME COURT 2080 ::2008 AIR SCW 2777 ::2008 (4) AIR Kant HCR 4 ::2008 (4) AIR Kar R 4 ::(2008) 117 FacLR 1044 ::2008 (5) SCC 328 ::(2008) 6 Scale 261 ::2008 (3) MadLW 1113 ::2008 (5) MadLJ414 ::(2008) 2 Lab LN 766 ::2008 (4) KantLJ 477 ::(2008) 2 SCT 756 ::2008 (4) ServLR 720 ::(2008) 66 AllIndCas 193 (SC) ::2008 (5) SRJ 470

Supreme Court Of India

(From : Karnataka)

Hon'ble Judge(s): Satya Brata Sinha, V. S. Sirpurkar , JJ

(A) Constitution of India , Art.21, Art.47, Art.309— Karnataka Government Servants (Medical Attendance) Rules (1963) , R.7, R.31— Rajasthan Civil Services (Medical Attendance) Rules (1970) , R.6— @page-SC2081Medical reimbursement - Employee getting treated at hospital of his choice - Reimbursement can be limited. The reimbursement of medical claim of an employee when he obtains treatment from a hospital of his choice can be made limited. Such a rule furthermore having been framed under the proviso to Art. 309 of the Constitution of India constitutes conditions of service in terms whereof on the one hand the employee would be granted the facility of medical aid free of cost from the recognized Govt. hospitals and on the other he, at his option, may get himself treated from other recognized hospitals/ institutions subject of course to the conditions that the reimbursement by the State therefor would be limited.(Para 18) (B) Constitution of India , Art.309, Art.14— Karnataka Government Servants (Medical Attendance) Rules (1963) , R.31— Medical reimbursement - Power of Govt. to relax rules - Earlier instances of undue relaxation - Do not confer right on claimant to claim relaxation. While exercising power to relax rules, the authority must act ju....