Sandeep Mehta, J. - (1.) BY way of the instant writ petition, the petitioners being the legal representatives of late Shri Rakesh Kumar Kalra a former employee of the respondent Rajasthan Rajya Vidhyut Prasaran Nigam Ltd. have approached this Court assailing the legality and validity of the order Annexure -9 dated 13.5.2004 and Annexure -10 dated 21.5.2004 issued by the respondent Nigam.
(2.) SUCCINCTLY stated the facts relevant for the disposal of the writ petition are narrated hereinbelow. Late Shri Rakesh Kumar Kalra was an employee of Rajasthan Rajya Vidhyut Prasaran Nigam Ltd. (hereinafter referred to as the Nigam). He suffered a cardiac problem in the month of June, 2002 and was admitted at the Mahatma Gandhi Hospital, Jodhpur in the unit of Dr. R.S. Gehlot. He was diagnosed to be suffering from VSD with REFRACTORY CCF (Ventricular Septal Defect with Refractory Congestive Cardiac Failure). He was discharged on 26.6.2002 and was referred to Escorts Heart Institute & Research Centre, New Delhi for further treatment. The reference note in the discharge ticket mentions about the patient's earlier surgery for VSD at the Escort Hospital in the year 1992. After being discharged, Shri Kalra immediately approached the Principal, Dr. S.N. Medical College, Jodhpur for being referred to another hospital for the treatment of his ailment. The Principal, Dr. S.N. Medical College issued a reference letter Annexure -2 dated 26.06.2002 to Shri Kalra mentioning therein that treatment for his ailment was not available at any Government Hospital in Rajasthan. Urgent action was recommended because the ailment was considered to be of severe nature. The patient was referred to the Escorts Heart Institute & Research Centre, New Delhi for treatment. The expenditure of treatment was estimated at Rs. 3 lacs.
(3.) THE respondent Nigam, thereupon, sanctioned advance amounts of Rs. 10,000/ - & Rs. 3,25,000/ - to the employee by orders dated 29.6.2002 & 27.7.2002 respectively. Shri Kalra thereafter got admitted at the Escort Heart Institute & Research Centre, New Delhi and was subjected to Valve Replacement and other cardiac procedures and was discharged from the hospital on 24.8.2002. A total expenditure of Rs. 4,58,802/ - was incurred in his treatment at the Escorts Heart Institute & Research Centre. Upon return, Shri Kalra submitted a claim for reimbursement of the expenditure incurred in his treatment to the respondent Nigam.;