- (1.) At the request of learned counsel for the parties, arguments were heard and the special appeal is being disposed off finally.
(2.) Respondent Gopal Das Kothari filed a writ petition i.e. S.B. Civil Writ Petition No.899/2006 before the Single Bench of this Court in respect of his medical bills amounting to Rs.1,51,625/-. The learned Single Judge, on the basis of the judgment of Division Bench of this Court in State of Rajasthan Vs. Mithulal Gupta (Special Appeal{Writ} 858/2007), decided on 24.03.2008, allowed the writ petition and directed the respondents to make the payment of medical bills raised by petitioner in terms of Rule 4E of the Rajasthan Pensioner's Medical Concession Scheme (for short 'the Scheme') with interest @ 9% p.a., from the date of presentation of bills till actual payment.
(3.) Mr. N.A. Naqvi, learned Additional Advocate General fairly and frankly submitted that the judgment of Division Bench of this Court in State of Rajasthan Vs. Mithulal Gupta, has attained finality, therefore, he is not challenging the directions of the learned Single Judge so far as payment of medical bills raised by petitioner (respondent herein) in terms of Rule 4E of the Scheme is concerned, but appellants are aggrieved only with regard to direction to pay interest @ 9% p.a. on the medical bill amount, therefore, his only prayer is that direction with regard to payment of interest @ 9% p.a. may be set aside.;