VINEET KOTHARI, J. - (1.) THE petitioner, Smt. Usha Bhandari wife of the deceased Government servant, Sh. R.R. Bhandari, has preferred this writ petition claiming reimbursement of medical expenses incurred by her husband (who was working as Executive Engineer, (B&M) in the office of Chief Engineer, Command Area Development (CAD), IGNP, Bikaner) in connection with his surgery for heart ailment in the year 2001 at Rajasthan Hospital, Ahmedabad and he was operated in the Gujrat Research & Medical Institute (Known as Rajasthan Hospital), Ahmedabad and incurred a sum of Rs.2,93,767/ -. The respondent - State, however, agreed to reimburse a sum of Rs.1,30,000/ -, the package cost of similar treatment available in the Government Hospital i.e. at S.M.S. Hospital, Jaipur and also the cost of Reopro Injection, which admittedly was given at the time of such surgical intervention. However, the petitioner paid Rs.37,600/ - for said reopro injection vide Annex.2 of the reimbursement claim (Page 46 of the paper book) thus against the sum of Rs.1,67,600/ -, the State Government has paid a sum of Rs.1,10,000/ - vide the communication (Annex. -20A) dated 29.03.2005.
(2.) MR . Dinesh Mehta, learned counsel appearing for the petition fairly submits that the petitioner is only claiming the reimbursement of approved Government Hospital rates and even according to them for no valid rhyme and reasons, the respondents have not paid the balance amount of Rs.57,600/ -, and hence, the present writ petition has been filed on 02.07.2007. Though, reply to the writ petition has been filed on behalf of respondent - State, however, learned counsel for the respondents could not furnish any valid and reasonable ground for non - reimbursement of the aforesaid admitted liability of the State Government, which has been approved by the Principal & Controller of S.M.S. Hospital, Jaipur vide its letter dated 30.03.2003 (Page 59 of the paper book), which is quoted herein below for ready reference: - "From: The Principal, Sawai Man Singh Medical College and Controller of attached Hospitals, Jaipur. To Mrs. Usha Bhandari, C/o Sunil Bhandari, 4D -112, Ekta Path, Jai Narayan Vyas Colony, Bikaner 7938/M.C./GS/Referral/2003 Dated, Jaipur, the 20/03/2003 With reference to your letter dated 15.1.2003, Prof. and Head Deptt. Cardiology S.M.S. Medical College, Jaipur is suggested that since three stents were used. The package cost of the procedure in S.M.S. Hospital which is about Rs.1.30 lacs be reimbursed in addition to the cost of Reopro. Sd/ - PRINCIPAL and CONTROLLER"
(3.) LEARNED counsel for the petitioner, Mr. Dinesh Mehta, has urged that, in an emergency, if the Government servant takes the treatment outside the State of Rajasthan, the Rules 6 and 7 of the Rules of 1970 govern the case and while the petitioner was outside the State of Rajasthan, he suffered the heart ailment, in an emergency he was taken to a nearby private hospital and he was provided medical treatment there. He also relied upon the recent judgment of this Court in the case of Jawahar Lal Bohra Vs. State of Rajasthan & Ors. (SBCWP No.6350/2005, decided on 26.03.2014) and in the case of Smt. Usha Mehta Vs. State of Rajasthan and ors. (SBCWP No.6401/2006, decided on 26.03.2014). He, therefore, submitted that reimbursement of the medical expenditure incurred by the petitioner deserves to be reimbursed to the petitioner.;