Sandeep Mehta, J. - (1.) INSTANT writ petition has been preferred by the petitioner seeking the following relief's: - (i) by an appropriate writ, order or direction, the respondents may be directed to reimburse the expenditure incurred by the petitioner at Metro Heart Institute, Faridabad in respect of her treatment. (ii) by an appropriate writ, order or direction, the respondents may further be directed to make payment to the petitioner alongwith interest @ 12% per annum from the date the amount has been so spent by the petitioner till the date of payment by the respondents. (iii) Any other appropriate order or direction, which this Hon'ble Court deem just and fit be passed in favour of the petitioner."
(2.) FACTS in brief as set out in the writ petition are that the petitioner is the widow of late Shri Laxmi Narayan Surolia who superannuated from the post of Research Officer, Rajasthan State Abhilekhagar. After the petitioner's husband passed away, she became entitled to receive family pension and also became entitled to receive medical relief free of cost under the Medical Concession Scheme for pensioners. After the death of her husband, the petitioner was issued a Medical Card/Pass Book in the year 2004. In 2006, the petitioner went to meet her daughter who resides at Faridabad. At Faridabad, she developed discomfort in her chest. She was immediately taken in an emergent situation to the Metro Heart Institute at Faridabad. At the hospital, the petitioner was subjected to Coronary Angiography which revealed Double Vessel Disease for which she was advised PTCA with stenting to LAD and LCS and Angioplasty with Stenting to left renal artery. Accordingly, under medical advise and as a life saving measure the petitioner was subjected to the aforesaid procedure at the Metro Heart Institute, Faridabad. She was discharged from the hospital on 15.8.2006.
(3.) AFTER recovering, the petitioner submitted a claim for reimbursement of her medical bill to the tune of Rs. 2,50,000/ - along with complete record of her treatment. However, the Treasury Officer returned the application submitted by the petitioner vide communication Annexure -3 dated 29.8.2008 indicating that she had undergone treatment at a unrecognized hospital outside the State and as such she was not entitled to reimbursement in accordance with Rajasthan State Pensioners Medical Concession Scheme. The petitioner served a legal notice Annexure -4 to the respondents for reimbursement of her medical expenses but no response was given thereto upon which the petitioner has preferred the instant writ petition.;