Lal Shankar Suthar vs State Of Rajasthan
2022 Latest Caselaw 11426 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 13288/2018

Lal Shankar Suthar S/o Shri Bhagwan Suthar, aged about 67 years, R/o Nathmal Ji Ki Pol, Tehsil Sagwara, District Dungarpur (Rajasthan).

----Petitioner Versus

1. State of Rajasthan through Deputy Secretary, Elementary Education, Govt. of Rajasthan, Jaipur.

2. Director, Elementary Education, Rajasthan, Bikaner.

3. District Education Officer (Elementary Education), Dungarpur.

4. Block Education Officer (Elementary), Sagawara, Panchayat Samiti-Sagwara, District Dungarpur.

----Respondents

For Petitioner(s) : Mr. Kuldeep Bishnoi. For Respondent(s) : Ms. Bhawna Jangid.

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

14/09/2022

Briefly stated facts of the case are that the petitioner had

gone to Ahmedabad for personal trip and there he felt severe pain

in the chest. Thereupon he was admitted to Apollo Hospital,

Ahemdabad and underwent Coronary Artery Bypass Grafting

Surgery (CABG) on 07.12.2007. The petitioner was discharged

hospital on 15.12.2007. A sum of ₹1,20,000/- was incurred as

expenses for the bypass surgery underwent by the petitioner. The

petitioner submitted an application for reimbursement of medical

bills pertaining to bypass surgery. The respondents pursuant to

(2 of 3) [CW-13288/2018]

the application submitted by the petitioner for reimbursement vide

communication dated 04.03.2009, accepted the petitioner's claim

to the tune of ₹60,000/-, though only a sum of ₹30,000/- was

reimbursed. Aggrieved by partial reimbursement of the claim, the

petitioner has preferred the present writ petition.

In the present case, the petitioner has been reimbursed only

₹30,000/-, though he was assured that reimbursement of

₹60,000/- will be made to him. Further no claim pertaining to

medicines, drugs, anesthesia and room charges had been

reimbursed.

In the case of Surjit Singh Vs. State of Punjab and Ors.

reported in AIR 1996 SC 1388, decided on 31.01.1996, the

Hon'ble Supreme 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 the case of Rama Prasad Sharma Vs. State of

Rajasthan & Ors.; S.B.C.W.P. No.7469/2016, decided on

21.01.2022, passed by Coordinate Bench of 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."

(3 of 3) [CW-13288/2018]

In view of the ratio enunciated by the above mentioned

judgments, it is a settled proposition of law 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 petitioner underwent surgery in the

year 2007, therefore, the case of the petitioner would be governed

by Rajasthan Civil Services (Medical Attendance) Rules,

1970.

Therefore, keeping in view the peculiar facts of the case, the

present writ petition is allowed. In light of letter dated

04.03.2009, as per which the Joint Director, Elementary

Education, Bikaner Rajasthan after obtaining opinion from

Principal, RNT Medical College, Udaipur assessed the reimbursable

amount in favour of petitioner at ₹60,000, the respondents are

directed to reimburse remaining ₹30,000/- in favour of petitioner

within a period of two months. The aforesaid amount shall also

carry interest @4% p.a. w.e.f. from the date on which medical

bills were presented to the date of actual payment. The

respondents are further directed to reimburse the amount qua the

medicines, drugs, anesthesia, room charges and all other heads as

payable in terms of rules in force at the relevant time. The

exercise indicated herein above shall be completed within a period

of two months from the date of receipt of this order.

No order as to costs.

(KULDEEP MATHUR),J 30-Ravi Khandelwal

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