Gyan Sudha Misra, J. - (1.) The petitioner-Sri Pal Chand Mehta who retired as Principal, Government College, Karauli has filed this writ petition for a direction to the respondents to reimburse the total amount spent by him on his treatment alongwith interest at the rate of 18% p.a. from the date of submission of bill till the date of payment.
(2.) The facts of the case in so far as it is relevant for the purpose of deciding the question, which has arisen in this writ petition, are that the petitioner went on a family visit to Delhi on 25.6.1997 where he encountered a heart problem and was removed to Escorts Heart Institute and Research Centre, New Delhi in a precarious condition on an ambulance and after several tests and check-ups it was detected that he was suffering from Triple vessel blockade which in the opinion of the doctors was considered dangerous to life and a Bye-Pass Graft Surgery was advised. Thereafter, he was operated upon for Coronary Bye-Pass Graft Surgery on 3.7.1997 which was successful and, therefore, he was discharged from the hospital on 9.7.1997. The petitioner incurred a sum of Rs. 1,65,000/- towards payment to the Escorts Hospital & Research Institute, New Delhi vide Bill No.002455 dated 9.7.1997. The petitioner after recovery and on return to Jaipur submitted the bills for reimbursement as per the provisions of Rajasthan Civil Services (Medical Attendance) Rules, 1970 (hereinafter referred to as 'the Rules of 1970'). As per these rules a retired Government servant is entitled to be reimbursed all the medical. expenses relating to his personal treatment and his family members.
(3.) The petitioner, however did not receive any response in regard to reimbursement of his medical claim due to which he contacted the office of respondent No. 1 where he was informed that certain objections have been raised in regard to his medical bills and was advised to get it removed expeditiously. The petitioner, thereafter submitted a formal representation to the Dy. Secretary-Finance (G&T), Government of Rajasthan, Jaipur with a request for reimburse of his medical expenses expeditiously in view of the financial hardship faced by him. After a long wait, the petitioner received a reply by the Government of Rajasthan, through the Dy. Secretary-Finance (G&T) dated 10.6.1998 informing him that he had taken treatment outside the State of Rajasthan but had not submitted the recommendation of Principal of a Medical College of Rajasthan for undergoing treatment outside the State and in absence of such certificate the reimbursement of medical expenses incurred by him at Escorts Heart Institute and Research Centre, New Delhi could not be reimbursed. In this regard he was also advised that he should contact the Principal, Medical College, Kota to constitute a Board and grant him necessary certificate of recommendations so that further action regarding reimbursement so that further action regarding reimbursement of the expenses incurred by the petitioner could be possible. The petitioner accordingly contacted the respondent No.2-the Principal, Medical College, Kota, but the Principal expressed his inability for post facto constitution of Medical Board on the ground that no such provision was available under the rules to constitute a Medical Board after having taken the treatment outside the State. He, therefore, declined to constitute a Board to grant post facto approval of the treatment taken outside the State and advised him to contact the officers of the State Government to guide him in the matter. The petitioner thereafter did not succeed in obtaining the post facto recommendations of a Medical Board for taking treatment outside the State nor the State Government responded favourably for post facto approval of his treatment outside the State of Rajasthan and the petitioner, consequently could not press for reimbursement of his medical bills. Having been left with no other alternative remedy, he filled this writ petition seeking a direction to the respondents for reimbursement of his medical bills and if necessary to constitute a Medical Board for granting him post facto sanction for his treatment outside the State of Rajasthan.;