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 wife, which she had to undergo in an emergent condition at the Shalby Hospital, Ahmedabad in April 2013.
(2.) THE petitioner is a retired Blaster from the Ground Water Department of the State of Rajasthan. He retired from service on 31.10.2008 and was issued with a PPO and also a medical diary by the respondents. He is a permanent resident of District Jodhpur. It is averred in the writ petition that the petitioner alongwith his wife had gone to Ahmedabad to attend marriage of a close relative in the month of April 2013 where his wife complained about serious and untolerable pain in her right knee and was not even capable of standing. She was admitted in an emergent condition at the Shalby Hospital, Ahmedabad. She remained admitted at the said hospital where she was operated for knee replacement, wherein a total expenditure of Rs. 1,88,093/ - was incurred. The petitioner submitted the bills of medical expenses to the respondent department and claimed reimbursement thereof but the claim 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 attend marriage of close relative and there, his wife suddenly suffered pain in right leg knee 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 upon 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.;