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Thursday, August 13, 2009

New Delhi, Aug 9 (PTI) The Central Administrative Tribunal has held that only a medical expert, not a departmental authority, is "competent" to certify if treatment administered on a government employee is an emergency case deserving medical reimbursement.

"Medical reimbursement cannot be claimed as a right in the context of financial burden on the government but when a laid down policy is there... then the authority, which is competent to certify an emergency, cannot be a departmental authority," the tribunal comprising members Shanker Raju and Veena Chhotray said.

"It is only an expert in the field, which is competent and has jurisdiction to certify whether the treatment incurred was in a state of emergency or not," the CAT said.

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