Sandeep Mehta, J. - (1.) BY way of the instant writ petition, the petitioner seeks a direction to be issued to the respondents to reimburse the medical expenses borne by him in the treatment of his cardiac ailment, which he had to undergo in an emergent condition at the Asian Heart Institute, Mumbai in July 2005.
(2.) THE petitioner is a retired Inspector from the Stamps Department of the State of Rajasthan. He retired from service on 31.12.1983 and was issued with a PPO No. 20684(R) and also a medical diary by the respondents. He is a permanent resident of Jodhpur. It is averred in the writ petition that the petitioner had gone to Mumbai to visit his grandson in the month of July 2005 where he suddenly faced a cardiac problem and was admitted in an emergent condition at the Sir Hurkisondas Nurrotumdas Hospital and Research Centre, Mumbai. He remained admitted at the said hospital between 18.7.2005 to 21.7.2005. After diagnosis, the petitioner was referred for further management to the Asian Heart Institute, Mumbai. He remained hospitalised at the said Hospital from 21.7.2005 to 29.7.2005 where he was subjected to Off Pump Coronary Artery Bypass Grafting Surgery wherein a total sum of Rs. 1,94,464/ - was spent. The petitioner submitted the bills of medical expenses to the respondent department and claimed reimbursement thereof but the same was rejected by the respondent No. 4 vide letter dated 27.6.2008 (Annex. P/8) on the ground that the treatment of the petitioner was not undertaken in a government hospital. Hence, the petitioner has approached this Court for issuance of a writ or order to the respondents to reimburse the medical bills of the petitioner.
(3.) LEARNED counsel for the petitioner submits that the petitioner had gone to Mumbai to visit his grandson and there, he had to undergo treatment in an emergent condition and as such, it was absolutely impossible for him to have approached a government hospital in the State of Rajasthan for the treatment of his sudden cardiac problem. He relies on the decision of this Court in the case of Jawahar Lal Bohra v. State of Rajasthan (S.B. Civil Writ petition No. 6350/2005) decided on 26.3.2014 and prays that the writ petition deserves to be accepted and the respondents be directed to reimburse the medical expenses borne by the petitioner in accordance with Rajasthan State Pensioners Medical Concession Scheme.;