Case Note & Summary
The dispute arose between the Punjab State Electricity Board and Shri Jasbir Singh regarding the reimbursement of medical expenses for an imported drug, Norditropin, prescribed for the respondent's son suffering from a chronic disease. The Board rejected the claim for reimbursement amounting to Rs. 3,13,200, citing its policy against reimbursing expenses for imported medicines. The respondent filed a writ petition in the High Court, which ruled in favor of reimbursement, noting the seriousness of the son's condition and the necessity of the imported drug. The Supreme Court, upon appeal, examined the relevant government policies and medical certificates, concluding that the drug was not classified as life saving. The court emphasized that reimbursement is only permissible for drugs deemed essential to save a patient's life, and since Norditropin did not meet this criterion, the Board's decision was upheld. The High Court's ruling was set aside, and the writ petition was dismissed, with no costs awarded.
Headnote
A) Administrative Law - Medical Reimbursement - Definition of Life Saving Drug - Government policy on reimbursement of imported drugs - The court held that reimbursement is permissible only for drugs considered essential to save a patient's life, and since Norditropin was not classified as such, the Board's refusal to reimburse was justified. The High Court's assumption that it was a life saving drug was erroneous (Paras 1-3).
Issue of Consideration
Whether the imported drug Norditropin qualifies for reimbursement under the Board's policy as a life saving drug.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's judgment, and dismissed the writ petition, ruling that the Board's refusal to reimburse was justified as Norditropin was not a life saving drug.
Law Points
- Reimbursement policy
- life saving drug definition
- chronic disease treatment
- imported medicine
