Sandeep Mehta, J. - (1.) BY way of the instant writ petition, the petitioner seeks a direction to be issued to the respondents to reiumburse the medical expenses borne by him in the treatment of his wife, which she had to undergo in an emergent condition at the Apollo Hospital, Ahmedabad in December 2006.
(2.) THE petitioner is a retired Male Nurse -I from the Medical and Health Department of the State of Rajasthan. He retired from service on 31.8.2001 and was issued with a PPO No. 432287(R) and also a medical diary by the respondents. He is a permanent resident of Samdari, District Barmer. It is averred in the writ petition that the petitioner alongwith his wife had gone to Ahmedabad to visit his sister in the month of August 2006 where his wife fell ill and was admitted in an emergent condition at the Apollo Hospital, Ahmedabad. She remained admitted at the said hospital where she was operated for heart valve replacement (MVR), Open Heart Surgery, By -pass Surgery (CABG), wherein a total expenditure of Rs. 3,10,324/ - was incurred. The petitioner submitted the bills of medical expenses to the respondent department and claimed reimbursement thereof but the same was not accepted by the respondents. 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 alongwith his wife had gone to Ahmedabad to visit his sister and there, his wife suddenly fell ill and 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 or a recognized hospital for the treatment of his wife's sudden ailment. He further submits that procuring a reference from a Medical Board or the Principal of the Medical College was not possible looking to the emergent situation. 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 incurred in the treatment of the petitioner's wife in accordance with Rajasthan State Pensioners Medical Concession Scheme. Learned counsel for the petitioner states that the petitioner is ready to give up his claim for award of interest on the medical bill amount for the period during which the medical bills were not reimbursed.;