Rajasthan High Court - Jodhpur
Pratap Singh vs Rajasthan State Road Transport ... on 20 July, 2022
Bench: Rekha Borana
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 13394/2019
Pratap Singh S/o Shri Dhulsingh Rathore, Aged About 63 Years,
R/o Bassi Jhunjawat, Tehsil Salumber, District Udaipur.
----Petitioner
Versus
1. Rajasthan State Road Transport Corporation, Through The
Managing Director, Rajasthan State Road Transport
Corporation, Jaipur.
2. The Managing Director, (Traffic), Rajasthan State Road
Transport Corporation Jaipur.
3. The Chief Manager, Rajasthan State Road Transport
Corporation Dungarpur Depot, Dungarpur.
----Respondents
For Petitioner(s) : Mr. Jayant Joshi
For Respondent(s) : Mr. Shashank Sharma
HON'BLE MS. JUSTICE REKHA BORANA
Order
20/07/2022
The present writ petition has been filed with a prayer for
reimbursement of the medical expenses amounting to Rs.
1,68,657/- (Rupees One Lakh Sixty Eight Thousand Six Hundred
Fifty Seven) alongwith interest.
The case of the petitioner is that when he was on duty on
16.02.2015, he suffered a cardiac arrest and was immediately
admitted to the hospital at Dungerpur. But due to his critical
condition, he was referred to higher center and therefore, was
shifted to Apollo Hospital at Ahmedabad for treatment. At
Ahmedabad, he underwent a coronary angioplasty on 17.05.2015
and was discharged on 19.05.2015. He resumed his duty after
(2 of 3) [CW-13394/2019]
being physically fit and submitted his medical bills for
reimbursement. The said bills of the petitioner were rejected by
the respondent-Department on the ground that Apollo Hospital,
Ahmedabad, where the petitioner was treated, does not fall in the
list of the hospitals as referred in Appendix -1 of the RSRTC
Medical Attendance Regulation, 2011. The said rejection is only on
the above ground and no other ground has been raised by the
respondent-Department in the reply or even during the course of
the arguments.
Learned counsel for the petitioner relied upon the judgment
passed in S.B. Civil Writ Petition No.7469/2016; Rama
Prasad Sharma Vs. State of Rajasthan & Ors. decided on
21.01.2022.
In Rama Prasad Sharma's case while relying upon the earlier
Apex Court Judgments on the issue, this Court held as under:
"It is now a settled position of law that even in
cases where the treatment of an employee has
been taken in non-recognized hospital the medical
reimbursement has to be made at the rate that
may be applicable for similar treatment in the
recognized government hospitals."
Further, dealing with the issue raised by the Government
counsel, this Court observed as under:
"Per contra counsel for the respondent has
relied upon the judgment passed by the Hon'ble
Apex Court in Civil Appeal No.2278/2011; State of
Rajasthan Vs. Mahesh Kumar Sharma. Mahesh
Kumar Sharma's judgment as relied upon by
counsel for the respondents too does not talk of
non-reimbursement of the medical expenses of the
government employee. It just specifies the same
to be in conformity with the rules. In Mukesh
(3 of 3) [CW-13394/2019]
Kumar Sharma's judgments the Hon'ble Apex
Court observed as under: -
"It will, therefore, not be proper for a
Government employee or for his relatives to
claim reimbursement of medical expenses
otherwise than what was provided in the
Rules."
In view of the ratio as laid down in the above mentioned
judgment, the present writ petition is allowed. The respondents
are directed forthwith to reimburse the amount of medical bills
submitted by the petitioner for the treatment of his ailment in
accordance with RSRTC Medical Attendance Regulation, 2011. The
reimbursement shall be made within a period of six weeks from
the date of receipt of the copy of this order. The said amount
would carry interest @6% per annum w.e.f. the date on which the
bill was presented to the date of actual payment. If the payment is
delayed beyond the period of six weeks the amount shall carry
interest @8% per annum.
All pending applications also stand disposed of.
(REKHA BORANA),J
231-Dharmendra/-
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