Supreme Court enforces parity in medical facilities for retired High Court Judges, warns states of contempt.
Case in NewsMedical Reimbursement Claims must be honoured; Supreme Court of India warns states over non-compliance for judges of the High Court. |
Case Overview
In an order dated 15th April 2025, the Supreme Court of India reiterated that Medical Reimbursement Claims of retired High Court Judges, their spouses and dependents must be fully honoured. A bench of Justice Abhay S Oka and Justice Ujjal Bhuyan warned state governments of action under the Contempt of Courts Act, 1981 for non-compliance with its earlier directions mainly regarding the provision of medical benefits post-retirement.
Key Aspects
- Court reaffirmed retired judges are entitled to medical facilities equal to sitting judges .
- Cashless treatment and reimbursement in private hospitals (including non-empanelled ones) and inter-state treatment must be permitted .
- States must update their policies and comply within the given deadlines.
- Explained which state bears the financial responsibility either the state of 1st appointment or retirement.
- States must not downgrade better facilities already being offered .
Legal Insights
- Contempt of Courts Act, 1981 : Action threatened against states for failing to implement court mandated privilege
- Article 21 of the Constitution: Right to health and dignity supports the requirement for adequate post-retirement medical care.
- Reference to All India Judges Association v. Union of India (2024): permitted treatment reimbursement in non-empanelled hospitals in emergencies.
- 18th February 2025 Order : Ordered amendment of Madhya Pradesh’s restrictive medical policy.
Court’s Verdict
The Supreme Court of India firmly ordered all State Governments to comply with the orders relating to Medical Reimbursement Claims for High Court Judges . States failing to act face contempt proceedings. A further hearing is scheduled for 29th April , 2025.
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