Mool Singh vs State Of Rajasthan And Ors
2022 Latest Caselaw 11284 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 5592/2018

Mool Singh S/o Shri Ram Singh, Aged about 62 years, R/o 97, Sultan Nagar, B.J.S Colony, Jodhpur.

----Petitioner Versus

1. The State of Rajasthan through its Secretary, Finance Department, Government of Rajasthan, Jaipur, Rajasthan.

2. The Member Secretary-Cum-Director, Pension & Pensioners Welfare Department Rajasthan, Jaipur, Rajasthan.

3. The Joint Secretary, Rajasthan State Pensioners Medical Concession Scheme, Directorate Pension & Pensioners Welfare Department Rajasthan, Jaipur, Rajasthan.

4. The District Treasury Officer (Rural), Jodhpur, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Rahul Vyas for Mr. D.S. Sodha For Respondent(s) : Mr. Anil Kumar Gaur, AAG Mr. Ravi Panwar, AGC

HON'BLE MS. JUSTICE REKHA BORANA

Order

09/09/2022

The present writ petition has been filed with the prayer for

reimbursement of the medical claims qua the treatment of the

petitioner's wife pertaining to Coronary Artery Bypass Grafting

Surgery (CABG).

The case of the petitioner is that petitioner's wife, in an

emergent situation, was taken to the Government Hospital i.e. the

M.D.M. Hospital, Jodhpur and was then shifted to SAL Hospital,

Ahmedabad for CABG. She was operated on 27.03.2017 and the

total expenses incurred qua the said process were Rs.2,33,467/-.

(2 of 3) [CW-5592/2018]

The medical claim qua the said amount was raised before the

respondent Department but the same was rejected on the ground

that the petitioner has not shown any emergent situation wherein

his wife was required to be treated in the private hospital i.e. SAL

Ahmedabad.

In Surjit Singh Vs. State of Punjab and Ors. reported in

AIR 1996 SC 1388, decided on 31.01.1996, the Hon'ble Apex

Court held as under:-

"10. ...........

............ In such an urgency one cannot sit at home and think in a cool and calm atmosphere for getting medical treatment at a particular hospital or wait for admission in some Government medical institute. In such a situation, decision has to be taken forthwith by the person or his attendants if precious life has to be saved.

We share the views afore-expressed"

In Rama Prasad Sharma Vs. State of Rajasthan & Ors.;

S.B.C.W.P. No.7469/2016, decided on 21.01.2022, passed by

this Court, it was 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."

In view of the ratio as laid down in the above mentioned

judgments, it is a law settled that even if some medical treatment

is undertaken in a private or unrecognized hospital, the

department is under an obligation to reimburse the amount to the

extent permissible under the Rules governing the same. In the

present case, the Rules governing the medical reimbursement are

(3 of 3) [CW-5592/2018]

Rajasthan Civil Services (Medical Attendance) Rules, 2013

(hereinafter referred to as 'the Rules of 2013').

Therefore, the present writ petition is allowed. The

respondent Authorities are directed to consider the medical claim

of the petitioner and reimburse the amount payable in terms of

the Rules of 2013. The complete consideration and the

reimbursement thereof would be made within a period of three

weeks from the date of the receipt of the present order. It is made

clear that the said amount would carry an interest @ 6% per

annum.

(REKHA BORANA),J 80-Sachin/-

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