MATHUR, J. - (1.) A communication dated 25. 10. 2000 from Member Secretary and Director, Pension and Pensioners Welfare, Rajasthan, whereby the petitioner is held liable for recovery of an amount of Rs. 85,000/- taken by him as a claim of heart treatment at Sawai Man Singh Hospital, Jaipur, is in question in present writ petition.
(2.) THE facts in brief required to be noticed for adjudication of instant petition for writ are that the petitioner while holding the office of Superintending Engineer (Monitoring), Public Health and Engineering Department, Jaipur suffered with a cardiac ailment and competent medical board found him suffering with CAD which required angioplasty and to have a stand. On being claimed medical expenses in a tune of Rs. 95,000/- for undergoing angioplasty, the Government of Rajasthan under a communication dated 29. 5. 1998 through a demand draft/bankers cheque No. 035736 dated 29. 5. 1998 issued by the State Bank of Bikaner and Jaipur, Collectorate Branch/pwd Extension Counter, Jaipur advanced a sum of Rs. 85,000/ -. THE petitioner deposited the amount advanced to him with Rajasthan Medicare Relief Society, SMS Hospital, Jaipur on 29. 5. 1998. THE 31. 5. 1998 being Sunday angioplasty could not be made at SMS Hospital, Jaipur. On the same day i. e. , 31. 5. 1998 the petitioner stood retired from services. THE petitioner got admitted with SMS Hospital, Jaipur and undergone angioplasty on 2. 6. 1998. The petitioner after getting required treatment at SMS Hospital, Jaipur submitted a bill for reimbursement of total medical expenses i. e. , in a tune of Rs. 96,719. 75. After submission of bill for reimbursement of medical expenses an objection was raised by the respondents to the effect that on the date the petitioner undergone angioplasty he was a retired Government servant, therefore, the advance made to him for angioplasty in a tune of Rs. 85,000/- was erroneous. The petitioner, therefore, by the communication dated 25. 10. 2000 was asked to deposit the amount of Rs. 85,000/- with exchequer and thereafter to claim for grant of financial assistance as per Rules/instructions applicable for retired Government servant. Being aggrieved by the same present writ petition is preferred by the petitioner. A reply to the writ petition has been filed stating therein that the petitioner stood retired from service on 31. 5. 1998 and undergone angioplasty on 2. 6. 1998 i. e. , after his retirement, therefore, he was not entitled for grant of financial assistance under Rajasthan Civil Services (Medical Attendance) Rules, 1970 (hereinafter referred to as "the Rules of 1970" ). According to the respondents, the petitioner was entitled to claim reimbursement of medical expenses as per Rajasthan State Pensioners Medical Concession Scheme according to which 80% of total medical expenses could be reimbursed. Heard Counsel for the parties. The contention of Counsel for the petitioner is that the petitioner suffered with cardiac ailment in the month of March, 1998 and immediately thereafter he submitted an application for grant of medical expenses advanced in accordance with the Rules of 1970. Requisite sanction was also made by the competent authority on 27. 4. 1998 and a demand draft too was issued on 29. 5. 1998. The demand draft was deposited by the petitioner immediately with Rajasthan Medicare Relief Society on 29. 5. 1998 itself. On the date the petitioner deposited the amount he was in Government service. He could not be operated or subjected to angioplasty before the date of his retirement for the reasons beyond his control. However, the angioplasty which took place on 2. 6. 1998 is in continuation of his ailment which he acquired during his service tenure. The petitioner on that basis justified his claim for getting medical expenses reimbursement in accordance with the Rules of 1970.
(3.) PER contra, it is urged by learned Deputy Government Advocate Shri B. L. Tiwari that in fact the treatment of the petitioner took place after his retirement and on that day the Rules of 1970 were having no application qua him, therefore, the respondents rightly held the petitioner liable to deposit a sum of Rs. 85,000/- advanced to him in accordance with the Rules of 1970. I have given my thoughtful consideration to the arguments pressed in service by Counsel for the parties. The petitioner admittedly suffered a cardiac ailment in the month of March, 1998 and he immediately thereafter made a request to the competent authorities for making payment of advance amount for undergoing angioplasty. The amount so claimed was also sanctioned and paid by the respondents prior to retirement of the petitioner. The demand draft was also made in favour of Principal and Controller, SMS Medical College, Jaipur. The demand draft was deposited with Medicare Relief Society on 29. 5. 1998 during service tenure of the petitioner. The 31. 5. 1998 being Sunday, the petitioner got himself admitted with SMS Hospital, Jaipur on 1. 6. 1998 and the angioplasty was made on 2. 6. 1998. The facts as seen above and taken into consideration appears to be in one chain which started in the month of March, 1998. The angioplasty of the petitioner is in continuous chain of his disease which was detected in the month of March, 1998 and was recommended for angioplasty at that time. At the time of recommendation for angioplasty, the petitioner was in Government service. It is true that angioplasty was made after his retirement but that was due to a reason beyond his control. The petitioner was advised to undergo angioplasty in the month of March, 1998, subsequent thereto he made necessary arrangements to get the money required for the purpose. The entitlement for getting medical expenses accrued to the petitioner on the date he was advised to undergo angioplasty. In view of the factual position stated above I am is of considered opinion that the petitioner's case is required to be considered in accordance with the Rules of 1970 and he is entitled for reimbursement of medical expenses in accordance with the said Rules. ;