Karnataka - Bangalore

ESIC director told to appear in court High court round-up

BANGALORE: The Karnataka High Court has asked the director of the Employees State Insurance Corporation (ESIC) to be present on January 21 in connection with a petition by three persons from Bangalore, who had undergone kidney transplants.

The Kidney Patients’ Welfare Association and the three persons have appealed to the court against what they alleged was an arbitrary and illogical decision of the corporation to stop supply of drugs prescribed to them.

The appellants, S. Vasu, who is an employee of a private firm, and Balachandra Urar K., and Gopinath, who are working in an automotive firm in Yelahanka, said that they were appealing against a single judge order of July 1, 2006, rejecting their claim for regular supply of the drug, Sandimmune Neoral.

The association said that several of its members, including the appellants, were covered under the (medical) provisions of the Employees State Insurance (ESI) Act under which they could either avail themselves of treatment at ESI or any other designated hospital.

They could also claim reimbursement after getting treatment in hospitals referred by ESIC.

It said members suffering from kidney ailments had availed themselves of facilities for investigation and treatment in hospitals and dispensaries identified and approved by ESIC.

In case, ESI or designated hospitals did not have facilities, the patients with the consent of the corporation, were referred to government and referral hospitals.

In case, government hospitals too lacked facilities, the patients were referred to specialists in nephrology in private hospitals.

As government and designated hospitals did not have proper facilities, the appellants after obtaining permission from the ESI, underwent kidney transplant in private hospitals.

As they were insured under the ESI Act, they were eligible for reimbursement of the money they had spent on treatment, operation costs and medicines to be taken by them.

After the transplant, the nephrologists prescribed Sandimmune Neoral for them.

They were told that the drug would ensure that their body did not reject the kidney.

The association and the appellants claimed that the drug was widely used across the world.

The appellants said till 2001, ESIC supplied drugs to them or reimbursed the cost of the drug if they purchased it from other agencies or firms. However, in November 2001, the corporation stopped supply of Sandimmune Neoral and asked them to take an alternative drug, which they claimed was equally effective.

The patients filed a petition in the High Court in 2002 seeking a direction for regular supply of Sandimmune Neoral. During the pendency of the petition, Mr. Urar who switched jobs, lost the ESI cover when he began earning more.

A Division Bench comprising Chief Justice Cyriac Joseph and Justice B.S. Patil directed the ESIC Director to be present on January 21 and also asked the appellants to collect nephrologists’ opinion and place it before the court.

The Bench adjourned further hearing on the case to January 21.

A Division Bench comprising Chief Justice Cyriac Joseph and Justice Ashok B. Hinchigeri on Friday admitted a public interest litigation by B.V. Shivaswamy against Bangalore Development Authority (BDA).

The petitioner alleged that the BDA had sold 33 acres of land to the BDA Employees’ Welfare Association at J.P. Nagar 9th Phase for Rs. 33 lakh though it was worth crores of rupees. He urged the court to stay all further proceedings related to formation of a layout by the association.

The Bench ordered issue of notice to the BDA, association and others and adjourned further hearing.

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