Gopal Krishan Vyas, J. - (1.) The petitioner herein is a freedom figher. He was honoured with "Tamrapatra" for his participation in the struggle for the independence of the country. He has also been given pension payable to the freedom fighters.
(2.) In this petition, the petitioner has prayed that the respondent State be directed to reimburse the expenses incurred by the petitioner in taking treatment from private doctor and in private hospital. It is contended in the writ petition by the petitioner that according to rules he is entitled to get reimbursement of all the medical expenditure incurred by him and his wife irrespective of the fact whether treatment is taken in a Government hospital or private hospital. However, vide communication dt. 19.07.2003 (Annex.-1 to the writ petition) respondent No. 2 District Collector, Jodhpur enquired of the petitioner upon certain questions set out therein. The petitioner represented before the Collector vide Annex.-2 but, later on, on the basis of order of the Government issued by the Asstt. Secretary, GAD (Group VI) dt. 20.09.2003 it was informed to the petitioner by respondent No. 2 that freedom fighters are not entitled to reimbursement for medical treatment taken in a private hospital. Order Annex.-3 runs as under: ...[VERNACULAR TEXT OMITTED]...
(3.) It is contended by learned counsel for the petitioner that as per order dt. 07.02.2004 passed by the GAD, Government of Rajasthan, addressed to the Collectors and Treasury Officers, purporting to be in the subject-matter of reimbursement of medical expenses incurred by freedom fighters it has been said that there is provision of reimbursement of medical expenses to the freedom fighter only upto maximum extent of Rs. 10,000/- as detailed therein. It is further stated that no reimbursement is allowed for treatment taken in private hospital. Against these orders, the petitioner made represented but no reply was given by the respondents.;