CiteTEXT
...conformity with Articles 14 and 21 of the Constitution of India. The Supreme Court in catena of cases has held that right to lead a happy life includes the right ...v. Union of India, AIR 1995 SC 922, the Supreme Court has held that right to life includes the right to health.11. It is an undisputed fact that during incumbency Judges and Ch....4. One counter affidavit has been filed on behalf of the Union of India sworn to by the Under Secretary in the Department of Justice, Ministry of Law & Justice, wherein it is stated that...
.... Recently, the Supreme Court in the matter of In Re : The Proper Treatment of Covid 19 Patients and Dignified Handling of Dead Bodies in the Hospitals etc. has held that right to health is a fund...Supreme Court in the matter of Consumer Education & Research Centre v. Union of India (1995) 3 SCC 42 has held that right to health and...medical care to protect his health and vigour while in service or post-retirement is a fundamental right of a worker under Article 21 of the Constitution of India, and observed as under...
..., decided on 19-6-2020. has held that right to health is a fundamental right guaranteed under Article 21 of the Constitution of India. Right to health includes affordable treatme...right to take steps in self-preservation of her own life which is a facet to right to health and thus, she immediately got herself admitted in the hospital for medical treatment ...), it is quite vivid that right to health is a fundamental right under Article 21 of the...
...Constitution, which has been held in the abovementioned decisions to include the right to good health.”6. Although these cases were adjourned at one point of time ...retired employee of the Nehru Memorial Museum and Library (‘NMML’). In both petitions, it is prayed that a mandamus be issued to the Respondent Union of India to extend the Central Government Health...entitled to the benefit of the CGHS Scheme even after retirement. Reliance is also placed on the decisions in S.K Sharma v. Union of India...
...of Director (Health Services), Joint Director (Health Services) and Deputy Director (Health Services) be made in the manner prescribed therein. Rule 9-A dealing with the appointment to the senior posts...removal of anomalies in the revised scales of pay of Punjab Civil Medical Services, the President of India is pleased to declare PCMS (Class II) as PCMS (Class I). There will be only one service with the...the appellant and Respondent 3 to the post of Deputy Director, Health Services to which Respondent 3 is stated to have become eligible by now. We refrain to comment upon such submissions in view o...
...regard to qualification of Sanitary Inspector Course or Multipurpose Health Workers (Male) Training Certificate in violation of Articles 14 and 16 of the Constitution of India. As noticed earlier by GOMs...throughout India. By an order dated 29-9-1982, Unipurpose Workers were integrated as Multipurpose Health Workers. On 4-11-1988, there was a subsequent integration of employees engaged in the family...pertinent to mention here that the Multipurpose Health Assistants promoted under this G.O included the Unipurpose Health Workers who had been absorbed pursuant to the integration in 1982. The...
...the above category of cases, whatever material the Food (Health) Authority had, before taking a decision on the articles in question, ought to have been presented to the appellants who are likely .... The common issue raised for consideration of this Court in all these cases is the validity of notifications issued by the Food (Health) Authority under Section 7(iv) of the Prevention of Food...tobacco; (ii) pan masala; (iii) gutka, containing tobacco in any form or any other ingredients injurious to health, under whatever name or description in the State of Tamil Nadu. This notification is...
...activities had become a threat to the public order and public health. Necessary material in this regard is totally wanting in the body of the detention order itself. In large number of cases, the ...health and public order. Besides the criminal cases the detaining authority has also referred to the statements made by three witnesses dated 18.8.1999 with regard to the incidents dated 17.7.1999...Pleader is that in this case also the detaining authority has mentioned in the grounds of detention that the appellant's activities were causing an obstruction to the public health and this mention by...
...the development agenda. The right to health is relevant to all States. India has ratified the International Human Rights treaty recognizing the right to health. Thus, the ...right to health was again recognized as a human right in the 1966 International Covenant on Economic, Social and Cultural Rights (Article 12). 19th November is celebrated as a World Toilet Day and ...discrimination. According to Article 21 of the Constitution of India, every citizen, including women is entitled to the right to life and dignity.
4. Women are the backbone...
...Government Employees Health Fund Scheme. Similarly, the treatment taken by the Petitioner is also not disputed.7. Similar issue, with regard to the treatment taken in the unlisted hospitals....8. The Supreme Court has recognized the right to health as Fundamental Right under Article 21 of the...developed paralytic stroke on the left side of the body due to blood clotting on the right side of the brain, was admitted in an emergent condition in a private hospital. The Supreme Court, taking note of...
...for the respondent submitted that the right to life and health is a fundamental right enshrined in Article 21 of the Constitution of India, Therefore, the respondent had a right ....
27. That right to health, medical aid to protect the health and vigour to a worker while in service or post retirement ...package deal rates given in Annexure I & II of Government of India, Ministry of Health & Family Welfare O.M. No. S-11011/16/94-CGHS Desk II/CMO (D)/CGHS (P) dated 18.09.1996 (R1), package deal rates...
...the fruits of his labour, to keep him physically fit and mentally alert. Medical facilities, therefore, is a fundamental and human right to protect his health. In that case health insurance, while...service or after retirement was held to be a fundamental right and even private industries are enjoined to provide health insurance to the workmen.”10. In...assistance in certain cases.—The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assist...
...right to health and medical aid of workers during service and thereafter is a fundamental right. Court can give directions in appropriate cases to State or its undertakings/instrumentali...Panikurlangara v. Union of India & others, have held that in a welfare State, it is the obligation of the State to ensure the creation and the sustaining of conditions congenial to good health. Maintenanc...congenial to good health. This Court in Bandhua Mukti Morcha v. Union of India2 aptly observed: (SCC p. 183. para 10) It is the fundamental right of everyone in this country, assured under the...
...objection that the appellant had no personal right in the matter of the location of the Primary Health Centre and, therefore, he had no locus standi to file an application under Article 226 of the...Primary Health Centre located in that place be shifted to and established permanently at any other suitable village where land and cash contributions were forthcoming. On July 13, 1959 i.e 2 days after...adopting all the resolutions which it cancelled on May 12, 1961, except the resolution to locate the Primary Health Centre at Dharmajigudem. In regard to the location of the said Centre it resolved to...
...Article 21 of the Constitution, which has been held in the abovementioned decisions to include the right to good health. 6. Although these cases we...appears to this Court that the stand of the government in the present cases is untenable. This contention was rejected by the learned Single Judge in the order dated 2nd April 2003 in Writ Petition...Regulations and thus illegal. 5. The Division Bench of this Court in Union of India v. SPA concurred with the above views in paras 16 to 18 of its judgment as under: 16. It has...
...‘Consumer Education & Research Centre v. Union of India'’ have held that the right to health and medical aid of workers during service and thereafter ...in appropriate cases to State or its undertakings/instrumentalities, company or private employer to make the right meaningful and to pay compensation to affected workmen. Their Lordships ...life itself in that State.24. The right to health to a worker is an integral facet of meaningful right to life, to have not only a meaningful existence but also r...
...incurred by government servants, who undergo treatment in private hospitals: It is now settled law that right to health is integral to right to life. A welfare State like India i...and non-observance of prescribed procedure and incurring expenditure in excess of CGHS package/approved rates have to be condoned. [K.P. Singh v. Union of India & Ors., 2001 (10) SCC 167; State of...in the case of State of Punjab & Ors. v. Ram Lubhaya Bagga (supra), as pointed out in the judgments of the Honble High Court of Delhi in the cases of M.G. Mahindru v. Union of India & Anr.(supra) and...
...Consumer Education & Research Centre & others v. Union of India & others. Their Lordships have held that the right to health and medical aid of worker...thereafter is a fundamental right. Court can give directions in appropriate cases to State or its undertakings/instrumentalities, company or private employer to make the right meaningful and ...was held to be an access to life itself in that State. 24. The right to health to a worker is an integral facet of meaningful right to life, ...
...[(1996) 4 SCC 37], wherein, after referring to various earlier decisions, it was held that right to health is a fundamental right ...."
Thus, it is manifest that the right to health is a fundamental right envisaged under Article 21 of the Constitution of India and that, it is the bounden duty of the Govern...
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, or any other writ of direction or order in the nature of writ, to take appropriate act...
...Rules providing for recruitment of Health Worker (Male) and Health Worker (Female), together with the 1998 amendments, continued to remain in force in Uttarakhand. In the meanwhile, on 2-1-2007, b...qualified to undergo the ANM course, to those who have done Intermediate in Science, is to offend the right to equality. The result of the rule is that it does not permit a person to work...other conditions of service in relation to health workers and ANMs had been framed by the erstwhile State of U.P. Those rules were amended in 1998; the result of the amendment to the existing rules...