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Citing ‘Garuda Purana’, HC directs Haryana to fully reimburse retired engineer for emergency medical treatment

Justice Sandeep Moudgil suggested that the state should revisit its medical reimbursement policy to allow full or substantial reimbursement in verified life-threatening emergencies, even at non-empanelled hospitals.

4 min readFeb 26, 2026 12:57 PM IST

The court held that the right to health under Article 21 cannot be restricted by policy limits.

The Punjab and Haryana High Court directed the Haryana government to fully reimburse a retired engineer’s emergency medical expenses. (File Photo)

The Punjab and Haryana High Court has ordered the Haryana government to pay the full balance of medical expenses to a retired chief engineer who received urgent treatment at a private hospital after he slipped into a coma.

Justice Sandeep Moudgil, on January 31, quashed the government calculation sheet that had cut the claim from Rs 3,54,647 to just Rs 1,38,422 and directed payment of the remaining Rs 2,16,225 along with interest at 9 per cent per year from the date of discharge.

In emphasising self-preservation as a facet of the right to life, the judge quoted verses from the Garuda Purana: “One should protect his body which is responsible for everything. He who protects himself by all efforts will see many auspicious occasions in life. If one does not prevent what is unpleasant to himself, who else will do it? Therefore one should do what is good to himself.”

Rama Kant Sharma, a retired chief engineer from the irrigation and water resources department, fell ill in January 2018 while in Hisar. He was first admitted to a local hospital. When his condition worsened, and he went into a coma, doctors advised immediate transfer. On January 16, 2018, Sharma was shifted to Fortis Memorial Research Institute in Gurgaon and kept in the emergency intensive care unit until January 25, 2018. The total bill came to Rs 3,54,647. He obtained an essentiality certificate from the hospital and an emergency certificate from the civil surgeon in Gurgaon before submitting his claim.

The authorities sanctioned only Rs 1,38,422 as per PGIMER and AIIMS rates because the hospital was not empanelled. The balance of Rs 2,16,225 was denied. Sharma then obtained the calculation sheet through the Right to Information Act and filed the petition.

Reasons cited by Justice Moudgil:

The issue strikes at the heart of Article 21 of the Constitution of India and the evolving doctrine of the right to health. He wrote: “The Constitution of our country does not contemplate a hierarchy where executive memoranda supersede fundamental rights.”

The right to health and medical care is a fundamental right under Article 21.

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In genuine life-threatening medical emergencies, the empanelment status of the hospital cannot be the sole ground to deny or curtail reimbursement.

Justice Moudgil expressed strong disapproval of restricting payments to notified rates in emergency cases. The judge wrote: “This court finds it necessary to express our considered disapproval of the mechanical practice adopted by the respondents in restricting reimbursement to PGI notified rates irrespective of the actual expenditure incurred in a life-threatening emergency. Such an approach, when applied inflexibly, transforms a constitutional entitlement into a bureaucratic concession.”

Justice Moudgil said when a patient is fighting for survival, neither he nor his family can be expected to verify hospital lists or rates.

The judge ruled that executive policies must be interpreted in consonance with Article 21.

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The ruling aligns with the vision of Viksit Bharat 2047. A developed nation, he said, “is not defined merely by economic metrics but by the social security, public health assurance, and opportunity of dignified ageing offered by it to its citizens.”

The court directed the Haryana government to pay the remaining Rs 2,16,225 within four weeks of receiving a copy of the judgment, along with interest at 9 per cent per annum from January 25, 2018.

Justice Moudgil also suggested that the state should revisit its medical reimbursement policy to allow full or substantial reimbursement in verified life-threatening emergencies, even at non-empanelled hospitals. This would reduce litigation, promote trust in governance, and align administrative practice with constitutional morality, he said.

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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