B N BHOOTRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) A communication dated 25. 10. 2000 from Member Secretary and Director, Pension and Pensioners Welfare, Rajasthan, whereby the petitioner is held liable for recovery of an amount of Rs. 85,000/- taken by him as a claim of heart treatment at Sawai Man Singh Hospital, Jaipur, is in question in present writ petition.

(2.) THE facts in brief required to be noticed for adjudication of instant petition for writ are that the petitioner while holding the office of Superintending Engineer (Monitoring), Public Health and Engineering Department, Jaipur suffered with a cardiac ailment and competent medical board found him suffering with CAD which required angioplasty and to have a stand. On being claimed medical expenses in a tune of Rs. 95,000/- for undergoing angioplasty, the Government of Rajasthan under a communication dated 29. 5. 1998 through a demand draft/bankers cheque No. 035736 dated 29. 5. 1998 issued by the State Bank of Bikaner and Jaipur, Collectorate Branch/pwd Extension Counter, Jaipur advanced a sum of Rs. 85,000/ -. THE petitioner deposited the amount advanced to him with Rajasthan Medicare Relief Society, SMS Hospital, Jaipur on 29. 5. 1998. THE 31. 5. 1998 being Sunday angioplasty could not be made at SMS Hospital, Jaipur. On the same day i. e. , 31. 5. 1998 the petitioner stood retired from services. THE petitioner got admitted with SMS Hospital, Jaipur and undergone angioplasty on 2. 6. 1998.

(3.) PER contra, it is urged by learned Deputy Government Advocate Shri B. L. Tiwari that in fact the treatment of the petitioner took place after his retirement and on that day the Rules of 1970 were having no application qua him, therefore, the respondents rightly held the petitioner liable to deposit a sum of Rs. 85,000/- advanced to him in accordance with the Rules of 1970.