KAMALA SHANKHALA Vs. STATE OF RAJASTHAN AND ORS.
LAWS(RAJ)-2015-1-137
HIGH COURT OF RAJASTHAN
Decided on January 22,2015

Kamala Shankhala Appellant
VERSUS
State of Rajasthan And Ors. Respondents

JUDGEMENT

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 her in her own treatment, which she had to undergo in an emergent condition at the Miot Hospital, Manapakkam, Chennai in December 2002.
(2.) THE petitioner is a retired Dy. District Education Officer (Women) from the Education Department of the State of Rajasthan. She retired from service on 30.9.1980 and was issued with a PPO and also a medical diary by the respondents. She is a permanent resident of Sirohi. It is averred in the writ petition that the petitioner had gone to a pilgrimage to southern India. During her visit, she stayed at Chennai where she slipped and fell down and received fracture of leg and right hip. Accordingly, she was admitted in an emergent condition at the Miot Hospital, Manapakkam, Chennai. She remained admitted at the said hospital between 16.12.2002 to 22.3.2002 where she underwent treatment for above fracture of leg and right hip wherein a total sum of Rs. 57,361/ - was spent. The petitioner submitted the bills of medical expenses to the respondent department and claimed reimbursement thereof but the same 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 had gone to Chennai on a pilgrimage and there, she had to undergo treatment in an emergent condition and as such, it was absolutely impossible for her to have approached a government hospital in the State of Rajasthan or a recognized hospital for her treatment of sudden ailment. He relies on the decision of this Court in the case of Jawahar Lal Bohra Vs. 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.;


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