Jaishree Thakur, J. - (1.) The present writ petition has been filed by the petitioner under Article 226 of the Constitution of India to claim medical reimbursement.
(2.) The petitioner was working as Store Superintendent at Pali Zila Dugdh Utpadak Sahakari Sangh Limited, Pali. He suffered severe chest pain and was rushed to Goyal Hospital, Jodhpur on 18.11.2010. His condition deteriorated further and he was put on ventilator, during which time he went into a coma. The Goyal Hospital referred the petitioner to the Sterling Hospital, Ahmedabad where he remained and after making recovery he was discharged on 30.11.2010. The medical expenses for his treatment at Sterling Hospital came to Rs. 1,05,911.83 and had to bear ambulance transport charges from Goyal Hospital to Sterling Hospital and back to Jodhpur amounting to Rs. 41,648/ -. The petitioner being in service was entitled to recover the medical expenses from its employer and submitted his medical bills. As the same were not being released to him, he submitted a legal notice dated 17.2.2013 asking for reimbursement of the entire expenses along with interest. On failure of the State to reimburse the medical bills, the present writ petition has come to be filed.
(3.) It is contended by learned counsel appearing on behalf of the petitioner that he was admitted at Goyal Hospital, which is on the approved list of hospitals at Jodhpur. Since the said hospital was not able to treat him, they referred him to Sterling Hospital at Ahmedabad. It is argued that the petitioner under normal circumstances would have to take permission to be treated at the hospital other than one approved hospital by the State but since he was in a coma, it was on the recommendation of the Goyal Hospital, who referred his case for further treatment to Sterling Hospital at Ahmedabad and as such, he is entitled to be reimbursed his medical expenditure.;