Champa Lal Rathore vs State And Anr
2022 Latest Caselaw 7527 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 2917/2016

Champa Lal Rathore S/o Late Sh. Keshu Ram Rathore, aged 71 years, R/o Keshav Bhawan, Inside Nagori Gate, Jodhpur.

----Petitioner Versus

1. The State of Rajasthan through Member Secretary and Director Rajasthan State Pensioners Medical Relief Scheme, Department of Pension & Welfare, Jaipur.

2. The Treasury Officer (Rural), Jodhpur.

----Respondents

For Petitioner(s) : Mr. G.R. Kalla. For Respondent(s) : Mr. N.S. Rajpurohit.

HON'BLE MS. JUSTICE REKHA BORANA

Order

19/05/2022

Learned counsel for the petitioner submits that the matter

pertains to reimbursement of medical expenses and the issue has

been dealt with and decided in the matter of Suresh Kumar

Yadav Vs. State of Rajasthan & Ors. [Citation : 2016 (1)

RLW 780 (Raj.)]

Learned counsel for the respondents does not refute the

above submission.

In the above cited judgment of Suresh Kumar Yadav (supra),

it is held as under:-

" 11. Accordingly, the writ petition is allowed and it is hereby directed that the respondents shall reimburse the amount of medical expenses borne by the petitioner for his treatment at the Krishna Heart and Super Speciality Hospital, Ahmedabad in accordance

(2 of 2) [CW-2917/2016]

with the Rajasthan Civil Services (Medical Attendance) Rules, 2008. The reimbursement shall be made within a period of four weeks from the date of receipt of copy of this order. The amount shall also carry interest @ 9% per annum w.e.f. the date on which the bill was presented to the date of the actual payment. If the payment is delayed beyond the period of four weeks, interest shall stand enhanced to 12% per annum.

12. The Pension Department shall also undertake an exercise for identifying the official/officials responsible for the delay in reimbursement of the petitioner's medical claim and thereafter, the interest amount which the department has been burdened with on account of the unjustified delay in reimbursement of the petitioner's medical claim shall be recovered from such official/officials.

13. No order as to cost. "

In view of the submissions made, the present writ petition is

allowed in terms of Suresh Kumar Yadav's case.

Application for early hearing is disposed of.

(REKHA BORANA),J 34-Prashant / Abhishek-

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