CAT Srinagar directs Rs 10 lakh deposit in medical reimbursement case
06/02/2026
SRINAGAR, Feb 5: The Central Administrative Tribunal (CAT), Srinagar Bench, has directed the Rural Devel-opment Department to deposit Rs 10 lakh with the Registry of the Tribunal as interim relief in a medical reimburs-ement case filed by Bashir Ahmad Pandith, a Panchayat Secretary posted at Block Office Khag, Budgam.
The order was passed by Justice M.S. Latif, Member (Judicial), CAT Srinagar, while hearing the plea challenging denial of reimbursement for a life-saving liver transplant procedure.
The petitioner was represented by Advocate Shafaqat Nazir, while the respon-dents were represen-ted by Additional Advocate General (AAG) Satinder Singh, who appeared before the Tribunal and waived notice.
Pandith has sought quashing of an impugned communication dated 28-08-2025 and directions to the authorities to process and release his medical reimbursement claim amounting to nearly Rs 26 lakh.
As recorded in the Tribunal order, the petitioner was diagnosed with advanced liver disease, portal hypertension, esophageal varices, ascites and recurrent encephalopathy, requiring immediate specialised treatment.
The Tribunal noted that Pandith was initially evaluated at SKIMS, Soura, where the Medical Board referred him outside the UT of J&K since the required facility was not available locally.
He ultimately underwent a liver transplantation surgery at MIOT International Hospital, Chennai on 16-04-2025, incurring expenditure of approximately Rs 26 lakh.
The reimbursement was refused by the Director Finance, Rural Development Department, citing that government employees should ordinarily seek treatment in government or empanelled hospitals unless prior approval is obtained.
However, the petitioner argued that such denial in emergency situations violates the right to life and settled legal principles.
Justice M.S. Latif relied upon the Supreme Court judgment in Shiv Kant Jha vs Union of India (2018), observing that:
"Reimbursement of medical expenses cannot be denied merely on the ground that treatment was taken in a non-empanelled hospital and without prior permission."
The Tribunal further emphasised:
"Right to make reimbursement flows directly from the fundamental right to life guaranteed under Article 21 of the Constitution of India."
After hearing the matter, the Tribunal issued notice and granted the respondents four weeks to file a detailed reply.
Meanwhile, it directed:
"The respondents shall deposit an amount of Rs 10 lakh out of the medical reimbursement claim of the petitioner with the Registry of this Tribunal by or before the next date of hearing."
The Tribunal clarified that the amount will not be released until objections are filed and considered.
The matter has been listed for further consideration on 05-03-2026.
The Tribunal also ordered impleadment of the Commissioner Secretary, Finance Department, UT of J&K as a party respondent for effective adjudication.
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