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‘Arbitrary, illegal’: HC orders Haryana to pay full Rs 4.2 lakh medical bill, slams ‘callous’ 12-year delay

Justice Sandeep Moudgil ruled that partial denial of claim for a life-saving surgery in a non-empanelled hospital violated the right to life under Article 21 of the Constitution.

4 min readJan 31, 2026 01:24 PM IST

The court emphasised that the right to medical reimbursement is rooted in the fundamental right to life. (Photo of Punjab and Haryana High Court)

The Punjab and Haryana High Court has allowed a writ petition filed by Suresh Kumar, a government employee, and directed the State of Haryana to reimburse the full remaining medical expenses of Rs 4,20,766 incurred on his wife’s emergency surgery, along with 6 per cent interest, within four weeks.

Justice Sandeep Moudgil held that the state’s decision to sanction only Rs 43,005 out of the total claim of Rs 4,63,770 was “wholly arbitrary, illegal and violative of Article 21 of the Constitution of India”.

The petitioner’s wife, Poonam, had undergone emergency surgery at Indraprastha Apollo Hospital, Delhi, in August 2014. The court noted: “The wife of the petitioner was admitted in the Indraprastha Apollo Hospital, Sarita Vihar, Delhi in an emergency condition in the Obstetrics and Gynecology faculty for operation. In the operation uterus and gallbladder were removed and hernia was also operated. Patient was serious and to save her life she was admitted in the odd hours. There was no time to approach the empanelled hospital or take permission for treatment in the non-empanelled hospital.”

The court emphasised that the right to medical reimbursement is rooted in the fundamental right to life. Quoting the Supreme Court in State of Punjab v Mohinder Singh Chawla (1997), Justice Moudgil observed: “It is now settled law that right to health is an integral to right to life. Government has constitutional obligation to provide the health facilities.”

The bench also relied on Paschim Banga Khet Mazdoor Samity v State of West Bengal (1996), where the Supreme Court had held that “preservation of human life is thus of paramount importance” and that providing adequate medical facilities is an essential obligation of a welfare state.

Rejecting the state’s argument that reimbursement could only be at PGIMER/AIIMS rates because Apollo Hospital was not empanelled at the time, the court said such a stand was “wholly misconceived, arbitrary, and unsustainable in law”. It pointed out that government institutions are often overburdened, leading to long waiting periods, and in life-threatening situations “a patient or attendant has no real or meaningful choice to wait for admission or treatment at PGIMER”.

The court strongly endorsed the Supreme Court’s ruling in Shiva Kant Jha v Union of India (2018), stating: “The right to medical claim cannot be denied merely because the name of the hospital is not included in the Government Order. The real test must be the factum of treatment… Once it is established, the claim cannot be denied on technical grounds.”

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‘Dereliction of duty’

Justice Moudgil further criticised the prolonged delay in processing the claim, noting that despite the submission of all required documents, including an emergency certificate, the petitioner had been pursuing the matter since 2014. “The petitioner has suffered undue and prolonged delay of several years… solely on account of the callous and indifferent approach of the authorities,” the judgment read, adding that such delay amounted to “a dereliction of the statutory and constitutional duty of the State”.

The court concluded that denying full reimbursement in genuine emergency cases defeats the purpose of the medical reimbursement policy and penalises employees for circumstances beyond their control.

Ordering the state to pay the balance amount with interest, the bench said: “The respondents are ordered to reimburse the remaining medical bill claim of the petitioner of Rs 4,20,766 along with 6% interest from the date it fell due till its actual realization, within a period of 4 weeks from the receipt of a certified copy of this order.”

Manraj Grewal Sharma

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More

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