- (1.) THE petitioner, a government servant, by this petition for writ has claimed for reimbursement of the expenses incurred in undergoing cardiac treatment at Fortis Escorts Hospital, Jaipur.
(2.) THE factual matrix necessary to be noticed is that the petitioner while working as Headmaster in a Government School at Bikaner was diagnosed with 80% blockage in his main heart artery, thus, was advised to undergo necessary surgery. The Principal, Sardar Patel Medical College, Bikaner on 2.5.2008 certified that the petitioner needs necessary treatment pertaining to his cardiac ailment and he desires to avail the same at All India Institute of Medical Sciences, New Delhi. He was further advised to go to the Institute aforesaid with clear understanding that he will not get anything beyond the cost being charged at SMS Hospital, Jaipur for the same treatment. The petitioner instead of getting treated at All India Institute of Medical Sciences, New Delhi availed cardiac surgery at Fortis Escorts Hospital, Jaipur for which expense of Rs.1,60,936/- incurred. A claim for reimbursement of the aforesaid amount was made, but that was denied by the respondents on the count that the petitioner availed treatment at a Private Hospital. Being aggrieved by the same, this petition for writ is preferred. It is submitted by learned counsel for the petitioner that the petitioner availed treatment at Jaipur in urgency and, therefore, he is entitled for reimbursement of complete expense incurred in his treatment.
(3.) PER contra, the stand of the respondents it that the petitioner was recommended for treatment at All India Institute of Medical Sciences, New Delhi with clear understanding that he will not claim anything beyond the amount that would have been incurred in the event of availing treatment at SMS Hospital, Jaipur.;