Dev Kishan Agrawal vs Jvvnl Jodhpur And Anr ...
2025 Latest Caselaw 16653 Raj

Rajasthan High Court - Jodhpur

Dev Kishan Agrawal vs Jvvnl Jodhpur And Anr ... on 3 December, 2025

Author: Rekha Borana

Bench: Rekha Borana

[2025:RJ-JD:52128]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Writ Petition No. 11641/2016

Dev Kishan Agrawal S/o Shri Mool Chand Agrawal, aged about
80 years, resident of Panch Mandiro Ki Gali, Juni Dhan Mandi,
Jodhpur.
                                                                   ----Petitioner
                                    Versus
1. Jodhpur Vidhyut Vitran Nigam Limited, Jodhpur through its
Managing Director, Jodhpur.
2. The Accounts Officer (City Circle), Jodhpur Vidhyut Vitaran
Nigam Limited, Jodhpur.
                                                                 ----Respondent


For Petitioner(s)         :     Ms. Ayushi Solanki for
                                Mr. Sushil Solanki
For Respondent(s)         :     Mr. Vikram Choudhary



              HON'BLE MS. JUSTICE REKHA BORANA

Order

03/12/2025

1. The present writ petition has been filed with the prayer for

reimbursement of the medical claims qua the treatment of the

petitioner's wife for Sciatica at Shalby Hospital, Ahemdabad.

2. The case of the petitioner is that his wife had developed a

knee problem for which she took treatment from Shalby Hospital,

Ahemdabad and was operated for Sciatica on 02.07.2012. The

total expenses incurred qua the said process were Rs.1,32,579/-.

3. The medical claim qua the said amount was raised before the

respondent Department but the same was rejected on the ground

that the Shalby Hospital, Ahemdabad is not an authorized hospital

or empanelled by the RRVPMCF Trust.

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[2025:RJ-JD:52128] (2 of 3) [CW-11641/2016]

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

inAIR 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 forgetting medical treatment at a particular hospital or wait for admission in some Government medical institute. In such a situation, decision has to betaken forthwith by the person or his attendants if precious life has to be saved. We share the views afore-expressed"

5. 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."

6. 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

Rajasthan Civil Services (Medical Attendance) Rules, 2013

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

7. The present writ petition is hence, 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

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[2025:RJ-JD:52128] (3 of 3) [CW-11641/2016]

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 49-KashishS/-

(Uploaded on 03/12/2025 at 05:01:39 PM)

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