- (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 for the treatment, which he had to undergo in an emergent condition at the Krishna Heart and Super Speciality Hospital, Ahmedabad in April 2008.
(2.) The petitioner is working on the post of Dy.Director at Rajasthan Education Research and Training Institute, Udaipur. It is averred in the writ petition that the petitioner suffered cardiac discomfort on which his attendants took him to Krishna Heart and Super Speciality Hospital, Ahmedabad for check up. He was admitted in an emergent condition at the Krishna Heart and Super Speciality Hospital, Ahmedabad where his angiography was done and two stents were inserted in the coronary arteries. In this procedure, a total sum of Rs.1,85,120/- was spent. The petitioner submitted the bills of his medical expenses for reimbursement to the authorities. Initially, the Accounts Officer of the respondent department, issued a letter dated 5.12.2009 intimating the District Education Officer under which the petitioner was posted to obtain an affidavit from the petitioner to the effect that he was ready to accept the payment to the tune of the expenses incurred for a similar treatment at the SMS Hospital. The petitioner submitted an affidavit (Annex.9) dated 10.6.2010 in compliance of the aforesaid notice and agreed to accept the payment of Rs.1,10,000/-, which would have been incurred if the petitioner had been provided a treatment similar to the one undertaken by the petitioner at the SMS Hospital. The file kept on being shunted like a shuttle cock between various officials and the reimbursement of the petitioner's medical bills was continuously delayed. The Dy.Secretary, Education Department of the State Government wrote a letter (Annex.14) dated 8.4.2013, wherein it was mentioned that as the treatment undertaken by the petitioner was of a period prior to the coming into force of the Rajasthan Civil Services (Medical Attendance) Rules, 2008, thus the reimbursement thereof could only be made under the Rajasthan Civil Services (Medical Attendance) Rules, 1970. It was also mentioned that the case had been sent to the department after a delay of 4½ years whereas the reimbursement under the Rules of 1970 could only be made within a period of two years from the date of treatment. Repeated communications were continuously exchanged even thereafter between the petitioner, the petitioner's department and the pension department. In the meantime, the petitioner had a reoccurrence of cardiac problem and was again subjected to another cardiac treatment procedure at the Sal Hospital, Ahmedabad on 17.5.2012. He claimed reimbursement of the second treatment as well but no response was given by the authorities to his claim. The petitioner served a notice for demand of justice to the authorities, whereupon a letter (Annex.21) was issued to him intimating that the reimbursement of treatments taken prior to 16.9.2008 from a private or a charitable hospital in the State was only permissible if the treatment was undertaken in an emergent situation. Accordingly, the prayer for reimbursement was turned down by the aforesaid letter (Annex.21) dated 22.1.2014 challenging which, the petitioner has approached this Court by way of the instant writ petition. A copy of the circulars (Annex.22 and 23) dated 6.2.2009 and 27.11.2009 have been annexed with the writ petition as per which the State Government has approved the reimbursement of cost of implants, medical attendance and treatment in private hospitals at specified rates. As per the circular dated 27.11.2009, the reimbursement of the medical treatments even prior to coming into force of the said rules, taken by a government servant, has been approved in terms of the Rajasthan Civil Services (Medical Attendance) Rules, 2008, subject to the condition that the treatment was taken in an emergent condition. The fact that the petitioner was subjected to treatment at the Krishna Heart and Super Speciality Hospital, Ahmedabad on 23.4.2008 in an emergent condition is undisputed in view of the interdepartmental communications made by the departmental officials which are available on record of the writ petition.
(3.) Learned counsel for the petitioner submits that looking to the petitioner's precarious condition, his wards had taken him to the Krishna Heart and Super Speciality Hospital, Ahmedabad, where he was treated for his heart ailment. He relies upon the decision of this Court in the case of Anil Kumar Surolia Vs. State of Rajasthan, 2005 3 WLC(Raj) 14 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 Civil Services (Medical Attendance) Rules, 2008 and in light of the letters (Annex.7 & 8) as per which the department itself assessed the reimbursable amount in favour of the petitioner at Rs.1,10,000/-, which figure was arrived at after consultation with the authorities of the SMS Hospital.;