State duty-bound to protect health of retired officials: HC

The Punjab and Haryana High Court has expanded the interpretation of Article 21 of the Constitution by making it clear that the government has a “paramount duty” to safeguard the health and vitality of its retired officials.

Justice Aman Chaudhary made it further clear that ensuring the well-being of employees, dedicating their lives to public service, was an inviolable right under Article 21 that guarantees the right to life and personal liberty.

“The paramount duty of the government to safeguard the health and vitality of retired officials is part of Article 21 of the Constitution. This is an inviolable right, whereby the wellbeing and dignity of such individuals ought to be ensured by the state by providing them with proper medical and healthcare facilities, including, but not limited to, medical reimbursement. The litmus test lies in how those who have given the better of themselves while in service are treated while in the evening of their lives, when they are vulnerable on account of health challenges,” Justice Chaudhary asserted.

Article 21, initially framed to guarantee protection of life and personal liberty, has been widely interpreted by the courts over the years to cover various facets of life and dignity.

The Supreme Court has consistently expanded the scope of Article 21 to include the right to clean air and water, health, education, privacy, and livelihood, among others. This latest observation by the HC adds another layer to the expansive interpretation of Article 21 by recognising the state’s obligation to ensure dignified treatment for retired officials, especially regarding their health and wellbeing in old age.

The judgment is significant as it underscores the evolution of constitutional jurisprudence that seeks to protect every aspect of a citizen’s life, including the post-retirement phase, ensuring that those who served the state are not left vulnerable during their later years.

Justice Chaudhary’s observations, expected to ensure that the retired officials were afforded their constitutional rights to health and dignity, were passed in a case against the State of Haryana, but is equally applicable to the State of Punjab and the Union Territory of Chandigarh.

Before parting with the case, Justice Chaudhary also allowed the petition filed against the state and other respondents by Ram Niwas Yadav and other petitioners through counsel Manish Kumar Singla and Shikha Singla. They were seeking parity with government, boards and corporation employees regarding medical reimbursement facility.