- (1.) LEAVE granted in both the matters.
(2.) INTERPRETATION and/or application of Medical Benefit Rules applicable in the State of Karnataka as also in the State of Rajasthan is in question before us in these appeals which arise out of the judgment and order dated 20th June, 2005 passed by a Division Bench of the Karnataka High Court in writ Petition No. 10942 of 2005 and that of the judgment and order dated 4th august, 2005 passed by a Division Bench of the High Court of Rajasthan, jaipur Bench, Jaipur in D. B. Civil Writ Petition No. 6502 of 2004 respectively. Respondent in the Karnataka case is an officer working in the Office of the Department of Commercial Taxes. He underwent 'coronary Artery' bypass Surgery in the Wockhardt Hospital and Heart Institute having been admitted on 19th June, 2000. A sum of Rs. 1,50,600/- was said to have been incurred by him by way of medical expenses. He claimed re-imbursement thereof. The State of Karnataka sanctioned and reimbursed a sum of rs. 39,207/ -. Feeling aggrieved, a writ petition was filed which, by reason of the impugned judgment, has been allowed. Rajasthan case, relates to one Ajay Upadhyay, who was a Judicial officer. He had been suffering from some kidney problems. Respondent herein is his mother. Ajay Upadhyay was being treated for renal failure in 1997. He was referred to AIIMS for kidney transplantation by the SMS medical College and Hospital, Jaipur. However, as AIIMS showed its inability to admit him because of non-availability of bed. Transplantation of kidney was carried out in Batra Hospital, Delhi, in 1997. Respondent, who was also an employee of the State claimed reimbursement of the said medical expenses. However, a sum of Rs. 50,000/- was allegedly found admissible for the purpose of reimbursement out of the total claim of a sum of Rs. 2. 11 lacs. Respondent, however, claimed that the entire sum may be reimbursed. Other medical expenses incurred by Ajay Upadhyay, as follow up measures, have been reimbursed to the respondent herein. Ajay Upadhyay joined Rajasthan Judicial Service in the year 2000. In february, 2003 he got himself treated in Batra Hospital. Allegedly his case was not referred therefor by the SMS Medical College and Hospital, Jaipur. As he was not treated by AIIMS, he filed a writ petition in the High court of Delhi for a direction to admit him therein. However, because of an emergent situation, he got himself admitted in the Batra Hospital. The said writ petition was withdrawn. In the month of May, 2003 he again came to Delhi and got himself admitted and treated in Batra Hospital. He filed a representation before the registrar General of the High Court of Rajasthan that on account of the sudden demise of his maternal uncle, he had to go to Delhi and as he fell ill there, went straightaway to Batra Hospital. He, therefore, prayed for reimbursement of his medical expenses incurred on that occasion also. Indisputably, however, the Principal and Controller, SMS Medical college and Hospital, on or about 5th July, 2003, referred him to AIIMS. Allegedly in the reference order it was mentioned that the same was subject to medical expenses with a ceiling of Rs. 10,000/- only. Ajay Upadhyay obtained treatment in the Batra Hospital from 4th July to 29th July, 2003. He unfortunately breathed his last on 7th November, 2003. Respondent claimed medical reimbursement to the tune of Rs. 6,52,148/- with interest. Only a sum of Rs. 75,000/- was, however, sanctioned by the State of Rajasthan as being admissible, purported to be in terms of the Rules.
(3.) FEELING aggrieved, a writ petition was filed in the High Court of rajasthan which by reason of the impugned judgment and order has been allowed directing :- " As a result of the aforesaid discussion the writ petition succeeds and same is allowed. The respondents are directed to release the amount of Rs. 6,52,148/- in favour of the Petitioner of the medical expenses bills of batra Hospital, New Delhi, where his son late Shri Ajay upadhyay, an officer of the Rajasthan Judicial Service was treated, within a period of two months from the date of receipt of the copy of this order. The respondents are further directed to pay to the petitioner on the aforesaid amount the interest at the rate of 6% per annum from the date of submission of the first medical bill for reimbursement of the amount of Batra Hospital, New delhi, till the payment thereof is made. " Before embarking on the contentions raised by learned counsel in these appeals, we may notice the relevant Rules framed by the States of karnataka and Rajasthan.;