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 his treatment, which he had to undergo in an emergent condition at the Manipal Heart Foundation Hospital, Bangalore in August 2000.
(2.) THE petitioner is a retired Deputy Director from the Education Department of the State of Rajasthan. He retired from service in August 1995 and was issued with a PPO No. 70135 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 Bangalore to meet his elder son in the month of June 2000 where he fell ill and was admitted in an emergent condition at the Manipal Heart Foundation Hospital, Bangalore. He remained admitted at the said hospital and as a life saving measure, he was subjected to Coronary Artery Bypass Grafting Surgery wherein a total sum of Rs. 93,000/ - was spent. The petitioner submitted the bills of medical expenses to the respondent department and claimed reimbursement thereof but the same was turned down by communication (Annex. 2) dated 21.12.2001 for the reason that the Manipal Hospital was not a recognized hospital. A legal notice was also served upon the respondent department on behalf of the petitioner. However, the respondent department turned down the prayer for reimbursement by communication (Annex.5) dated 1.6.2009 stating that the medical assistance is provided to in service employees of the department only and the cases of the retired employees were required to be dealt with by the Finance Department. Hence, the petitioner has approached this Court for issuance of a writ/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 Bangalore to visit his son 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 or a recognized hospital for the treatment of his sudden ailment. 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 in accordance with Rajasthan State Pensioners Medical Concession Scheme.;