GOVIND MATHUR, J. - (1.) BY this petition for writ the petitioner is claiming for reimbursement of medical expenses incurred for undergoing Coronary Artery Bypass Grafting X 3. The noticeable facts of the case are that the petitioner retired from service of Government of Rajasthan on 30.4.2002. He undergone Coronary Artery By -pass Surgery at Tongia Heart & General Hospital, Jaipur on 7.4.2007. For the purpose a sum of Rs. 1,15,000/ - incurred and the petitioner claimed reimbursement of the same from Government of Rajasthan as per Government Order No. F.1 (5)FD/Rules/98 dated 21.11.2001. The claim of the petitioner came to be rejected by the Treasury Officer (Rural), Jodhpur on 7.7.2005 on the count that the Hospital where the petitioner undergone the treatment was not a hospital enlisted in the approved list of the Government of Rajasthan.
(2.) WHILE assailing validity of decision of the Government of Rajasthan, the contention of Counsel for the petitioner is that the petitioner undergone a specialised treatment that was not available in Government Hospital and, therefore, whatever expenses incurred should have been reimbursed. The respondents, while contesting the claim of the petitioner, urged that the treatment undergone by the petitioner, was available with the Government Hospitals including Sawai Man Singh Hospital, Jaipur but the petitioner choose to get himself treated at private hospital which was not enlisted with approved list, thus, the reimbursement of medical expenses was rightly denied.
(3.) CONSIDERED the rival contentions advanced by Counsel for the parties.;