- (1.) BY THE COURT : The petitioner, a Gangman with Public Works Department suffered severe chest pain, thus, he was brought to Escort Goyal Heart Centre, Jodhpur on 9.4.2006. On undergoing aortic angiography on 10.4.2006, the petitioner was found with anamalous origin arising from right brachio-cephalic artery. Looking to the serious condition, the petitioner was taken for further treatment to Escort Heart Institute and Research Centre, New Delhi.
(2.) NECESSARY arterial vascular intervention was required to be made on 21.4.2006, but that was not done looking to severe collapse in petitioner's blood pressure. Ultimately, that was made on 3.5.2006. For undergoing the treatment aforesaid, the petitioner had expenditure in a tune of Rs.4,36,112.92/-. An application then was submitted by the petitioner to the competent authority, as per the provisions of the Rajasthan Civil Services (Medical Attendance) Rules, 1970 (for short 'the Rules of 1970' hereinafter) for reimbursement of the expenses incurred in the treatment aforesaid. No reimbursement as claimed was made, thus, this petition for writ. As per learned counsel for the petitioner, Escort Heart Institute and Research Centre, New Delhi is an enlisted hospital with Appendix-XI attached to the Rules of 1970 and therefore, the entire reimbursement of medical expenses claimed for should have been made. A reply to the writ petition has been filed on behalf of the respondents with assertion that the treatment availed by the petitioner was available at Sawai Mansingh Hospital, Jaipur, therefore, no amount in excess to the amount that would have been incurred in undergoing same treatment at Sawai Mansingh Hospital, Jaipur can be reimbursed. It is also stated that under a letter dated 18.10.2007, the Executive Engineer, Public Works Department, Sindhari Division, District Barmer instructed the petitioner to furnish an undertaking to bear the expenses in excess to the amount that could have been incurred in going the treatment at Sawai Mansingh Hospital, Jaipur by himself, but no such undertaking was furnished and therefore, no amount for medical attendance as per the Rules of 1970 is released. Heard learned counsel for the parties. The petitioner while working in Barmer district, was brought to Escort Goyal Heart Centre, Jodhpur on being suffered with acute chest pain. At the hospital aforesaid he was advised to undergo necessary treatment at Escort Heart Institute and Research Centre, New Delhi. At the institution aforesaid, he also undergone necessary treatment. There is also no dispute about the expenses incurred in the treatment concerned. The only objection of the respondents is that the petitioner could have availed this treatment at Sawai Mansingh Hospital, Jaipur. Under the Scheme of the Rules of 1970, a Government servant is entitled for reimbursement of entire amount of medical expenses, if he has undergone treatment at an enlisted Hospital. True it is, that by certain circulars, the Government has given priority to the Government Hospital for undergoing such treatment, but that in no manner curtails right accrued to the Government servant under the statute. The petitioner has undergone Cardio Vascular treatment at Escort Heart Institute and Research Centre, New Delhi, an hospital enlisted with Appendix-XI attached to the Rules of 1970. The respondents, as a matter of fact, had no authority to instruct the petitioner to furnish the undertaking as desired under the letter dated 18.10.2007. Seeking of such an undertaking is contrary to the spirits and objects of the Rules of 1970. Beside the above, from the facts averred it would reveal the need for urgent treatment to the petitioner. A person suffering from life threat would not waste time to make choice between the hospital, but to avail the treatment, whichever is advised to him by treating experts. In the instant matter, an advise was given by treating medical experts to the petitioner to undergo treatment at Escort Heart Institute and Research Centre, New Delhi, a hospital enlisted under Appendix-XI and that was adhered by him. In such circumstances, the non- reimbursement of the amount of the expenses incurred is not proper. Accordingly, the petition for writ is allowed. The respondents are directed to make payment of the entire amount i.e. in a tune of Rs.4,36,112.92/- of the expenses incurred by the petitioner in undergoing treatment at Escort Heart Institute and Research Centre, New Delhi. The amount aforesaid is required to be paid to the petitioner within a period of two months from today. ;