M/S Nav Jeevan Hospital v. the State of Hp and Others
Case brief
What is this about?
AB-PMJAY; Ayushman Bharat Pradhan Mantri Jan Arogya Yojna; HIMCARE; Mukhya Mantri Himachal Health Care Scheme; empanelled hospitals; EHCP; ISA; SHA; HP Swasthya Bima Yojna Society; payment of claims; 90:10 sharing pattern; ceiling limit Rs. 1052/Rs. 952 per family; Rs. 49.71 crores Central share; grant-in-aid; Trust/assurance mode; MoU dated 14.05.2018; National Health Agency; SECC-2011; sum insured Rs. 5 lakh; penal interest 1% per week after 15 days; vigilance inquiry; SIT; withholding approved bills; Article 300-A; Article 14; policy deference; judicial review of policy; Municipal Council Ratlam; Adani Power Mundra; Kirloskar Ferrous; Bhika Ram; Nabha Power; contra proferentem; business efficacy; Himachal Pradesh; CWP; writ petition disposed with directions.
What did the court decide?
Writ petitions disposed of with directions: (1) respondent-State to release all duly approved pending bills of petitioners under AB-PMJAY within three weeks with interest @ 1% of claim amount per week after 15 days of delay; (2) respondent-State to release duly approved pending bills/claims under HIMCARE within three weeks with like interest; (3) future claims to be processed, verified and cleared strictly within Scheme timelines, delayed payments fetching like interest, and the Central Government to ensure prompt release of its contribution under AB-PMJAY; (4) liberty to the respondents to recover any amount found recoverable from petitioner-hospitals on conclusion of the vigilance inquiry, in accordance with law, with all rights and contentions left open; pending miscellaneous applications disposed of.