Medical Reimbursement Claims Cannot Be Rejected Merely Because Prior Referral Order Was Not Obtained Before Taking Treatment Outside State: Tripura HC [Read Judgment]

first_imgNews UpdatesMedical Reimbursement Claims Cannot Be Rejected Merely Because Prior Referral Order Was Not Obtained Before Taking Treatment Outside State: Tripura HC [Read Judgment] LIVELAW NEWS NETWORK1 Nov 2020 10:20 PMShare This – xThe Tripura High Court has observed that medical reimbursement cannot be denied only on the ground that the employee did not obtain prior referral order from the Medical Board before taking treatment from outside the State.Kali Sankar Baidya, a Head Clerk engaged in District judiciary, under took the full treatment for his nasal cancer, at Vellore Hospital. His application seeking…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Tripura High Court has observed that medical reimbursement cannot be denied only on the ground that the employee did not obtain prior referral order from the Medical Board before taking treatment from outside the State.Kali Sankar Baidya, a Head Clerk engaged in District judiciary, under took the full treatment for his nasal cancer, at Vellore Hospital. His application seeking medical reimbursement for total expenditure of   Rs.3,72,031 was rejected on the ground that he did not obtain prior referral order from the Medical Board. He approached the High Court challenging the rejection order and contended that he had applied for a referral order before taking treatment outside the State. As his medical condition was fast deteriorating, he did not wait for it and instead approached the Vellore Hospital. The Government opposed his plea raising two objections 1) that there was no referral order allowing him to take the treatment from outside the State and 2) that there were no extra ordinary urgent grounds for him to have travelled outside the State for his treatment without presenting himself before the Medical Board.The Chief Justice Akil Kureshi overruled the objections raised by the Government and observed thus: “Firstly, as noted the petitioner was struggling with aggressive infection on his nose which did not get cured despite his treatment at the hands of ENT specialist and skin specialist. The petitioner therefore desired to have further investigations and opinion from the experts. He, therefore, approached the authorities for permission to travel outside State. His request dated 29th November, 2019 met with no immediate response. He could not wait any longer. He started his travel on 5th December, 2019. It was only thereafter that the Medical Board conveyed to him that unless and until he is present a referral order cannot be issued in his favour. On 7th December, 2019 the hospital at Vellore detected that the petitioner was suffering from cancer. Under such circumstances it was not expected for the petitioner to have waited for the Medical Board to call him for personal appearance for grant of referral order which would delay his treatment. As things turned out, having gone to Vellore for investigations, the petitioner ended up the undergoing entire treatment even without returning home for which purpose his leave was sanctioned by the employer… Under such circumstances to expect the petitioner to wait for the referral order is unreasonable. It is not even the case of the respondents that the specialized treatment needed for such cancer is readily available within the State. In other words going by the stand of the respondents if the petitioner had presented himself before the Medical Board and waited for long enough for the Medical Board to respond to his request for grant of referral order, the same would have been granted.Only on that ground to deny the benefit of reimbursement of medical expenditure would be interpreting the policy of the Government too rigidly. Further, the ground that there was no urgency in the petitioner departing for treatment, also must be rejected. After having waited for long enough for the treatment prescribed by the local doctors to have effect and the treatment having failed to have desired effect, the petitioner had to have a proper diagnosis and line of treatment. It is not as if the petitioner departed immediately without informing the employer or even the Medical Board. The petitioner did approach the Medical Board but could not give too long a time for Medical Board to respond. The petitioner had to take a calculated risk of departing without prior referral order.”The court noted that, in a judgment in Samar Bhusan Chakraborty Vrs. The State of Tripura delivered last year, the court had observed that merely because prior referral order from the Medical Board was not obtained, such bills cannot be rejected. Thus, the court directed the Government to process the medical reimbursement bills and release the same to the extent as per the Government policy the same are payable, within eight weeks.Case: Kali Sankar Baidya vs The State Of Tripura [W.P(C) No. 289/2020]Coram: Chief Justice Akil KureshiCounsel: Adv Arijit Bhowmik, Addl. Govt. Advocate A D. SharmaClick here to Read/Download JudgmentRead JudgmentClick here to Read/Download OrderRead OrderNext Storylast_img read more

Press release: Exporting is GREAT ‘Hero’ campaign unveiled at London City Airport

first_img Contact the DIT Media Team on 020 7215 2000 or email [email protected] Follow us: @tradegovuk or gov.uk/dit As a vital gateway for business travellers, and with its proximity to growing clusters of SMEs in East London, London City Airport is uniquely placed to strengthen DIT’s new campaign, and reach a truly captive audience. Already the airport is associated with trade exports totalling over £11 billion per year, and once our 4 year £480 million development programme is complete, even more routes to new destinations and markets will help connect businesses with opportunities overseas – helping an outward-looking Britain to prosper. Robert Sinclair, CEO of London City Airport, said: The visit came shortly after Baroness Fairhead made a final call for businesses to input into the government’s new Export Strategy which will report in the coming months.Speaking at London City Airport, Baroness Fairhead said: bringing together policy, promotion and financial expertise to break down barriers to trade and investment, and help businesses succeed delivering a new trade policy framework for the UK as we leave the EU promoting British trade and investment across the world building the global appetite for British goods and services Minister for Export and Trade Promotion Baroness Fairhead visited London City Airport to meet airport executives and SMEs as new Exporting is GREAT campaign is unveiled London City Airport announces partnership with Department for International Trade (DIT) to promote British exports and support the Exporting is GREAT campaign Baroness Fairhead consults airport on emerging Export Strategy shortly after making final call for business to help shape the UK’s trading future DIT’s Exporting is GREAT campaign is currently showcasing 30+ UK businesses – from a range of sectors and regions – to inspire and support firms up and down the country to export.Background1.The Export Strategy is expected to report in the coming months. Evidence will be taken until 18 April 2018.2.The Department for International Trade (DIT) secures UK and global prosperity by promoting and financing international trade and investment, and championing free trade. We are an international economic department, responsible for: Chemian Technologies (North East) Stitch and Story (South East) Norton Motorcycles (Midlands) Sensoteq (Northern Ireland) Joe and Seph’s Popcorn (London) Exporting has always been of fundamental importance to Chemian Technology since I founded the business in 1996. Most of our turnover currently comes from overseas sales and we now sell to more than 30 countries worldwide. Exporting is certainly not an easy process but I’d encourage every company with an innovative product to do what we’ve done and look overseas for growth. I am determined to help British businesses seize global export opportunities across the world. The Department for International Trade is helping thousands of new companies to export every year through our online export support tools at great.gov.uk This campaign provides a fantastic opportunity to showcase our export heroes and inspire many more businesses to sell their products overseas. Baroness Fairhead, Minister for Export and Trade Promotion, visited London City Airport yesterday and unveiled new Exporting is GREAT branding featuring 5 export ‘heroes’.Celebrating their partnership with the Department for International Trade (DIT), the airport is hosting the creative campaign to inspire and support more UK companies to take their first steps towards selling overseas.The artwork is being displayed in the airport’s departure lounge and on their main ‘City Icon’ digital screen outside the terminal over the coming weeks.Five businesses featured in the creative campaign met with the minister and CEO of London City Airport, Robert Sinclair, to discuss their export journeys. They are: Ian Dell, Managing Director of Chemian Technology, one of the companies profiled in the campaign said: 3.Exporting is GREAT is the government campaign to inspire and support more UK companies to take their first steps towards selling overseas and help existing exporters grow further. At great.gov.uk UK businesses can apply for real-time global export opportunities, access expert advice, trade services, training and events.4.Featured companies:Chemian TechnologiesDarlington-based Chemian Technology develops and manufactures ingredients for the pharmaceutical, chemical and cosmetic industries. The company began exporting after a request from an overseas customer and has received market support from DIT. Overseas sales make up 70% of its revenue and they export to over 20 counties.Norton MotorcyclesFounded in 1898 and selling its first motorcycle sold in 1902, Norton Motorcycle has been an iconic British brand for nearly 120 years. Its current owner, Stuart Garner re-established the company’s UK manufacturing base and delivered the company’s first motorcycle of the new millennium in 2010.It now sells around 1,000 motorcycles each year all over the world and employs 120 staff in the UK. Government support has allowed Norton to grow its business in key markets like Australia, Japan and the USA.Stitch and StoryStitch & Story, a knitting kit manufacturer, has seen sales increase by 200% in the last year as a direct result of exporting to the US, following support from DIT.Based in Dartford, Kent, the business distributes to US marketplace Uncommon Goods, as well as independent gift stores and retailers. The exporting opportunity was secured after Stitch & Story exhibited its products at consumer trade show, NY Now, with support from DIT.The success of Stitch & Story’s international expansion is being celebrated in DIT’s Exporting is GREAT campaign.SensoteqNorthern Ireland based company Sensoteq, design and manufacture bespoke low power wireless sensors for remote machine health monitoring. The company have been exporting for over a year after government support connected them with customers overseas.Joe and Seph’sJoe & Seph’s are a family owned and run business on a mission to produce the best-tasting popcorn in the world.The company started exporting after a French department store saw the popcorn in Selfridges in London.Working with DIT the company started to understand the size of the export opportunity and over the last few years have focused much more proactively on exporting.Their products are now stocked in over 25 countries with the main focus on Scandinavia and the Middle East.Further informationlast_img read more