LODHA, J. - (1.) THE State Government and its functionaries have taken exception to the other dated 1st December, 2005 passed by the Single Judge whereby he allowed the writ petition and directed the present appellants (respondents therein) to reimburse all the medical bills submitted by the petitioner (present respondent ).
(2.) THE controversy arises from the facts which may be briefly noticed by us immediately hereinafter. The present respondent (writ petitioner) was at the relevant time working as T. A. to Technical Member, R. W. S. S. M. B. and Superintending Engineer, PHED, Jaipur. On 11th December, 2001, on his way to the office, he suffered pain in the chest and approached his nephew (Dr. Sushil Kalra) working as a Cardiologist in the Tongiya Heart and General Hospital, Jaipur. The petitioner was immediately taken to Intensive Care Unit (`icu') for ECG, where variance were found and he was advised complete rest and admitted in the hospital for treatment. He was kept in ICU ward under the observation of the doctors for two days i. e. on 11th and 12th December, 2001 and then on 13th December, an angiography was done which showed blockage to the extent of 99%. An angioplasty was advised to remove the blockage in the arteries and looking to the exigency of situation, angioplasty was done immediately. He applied for leave which was sanctioned. The petitioner, then, made an application for reimbursement of the medical bill of the treatment undertaken by him in the Tongiya Heart and General Hospital, Jaipur which was ultimately rejected by the government on 27th May, 2002. After giving a notice for demand to justice, the petitioner approached this Court under Article 226 of the Constitution of India inter- alia seeking direction to the respondents (present appellants) to reimburse the medical expenses/treatment bill lodged by the petitioner. The present appellants (respondents therein) contested the writ petition and inter-alia set-up the case that the petitioner was not entitled to reimbursement of the medical expenses/treatment bill under the Rajasthan Civil Services (Medical Attendance) Rules, 1970 as the Tongia Hospital was not a government hospital as defined in the rules entitled Rajasthan Civil Services (Medical Attendance) Rules, 1970. For the sake of convenience, we shall refer to these rules as `rajasthan Medical Attendance Rules. ' In rule 2 (3) (viii) of the Rajasthan Medical Attendance Rules, the `government hospital' is defined that means inter-alia a medical hospital or institution maintained by the government for purpose of medical treatment. It also includes a dispensary or a hospital maintained by a local authority or a hospital within the State or outside the State with which arrangements have been made by the government for the treatment of government servants. List of dispensaries/hospitals with which arrangements have been made by the government for treatment of government servants is given in Appendix-2. Rule 3 of the Rajasthan Medical Attendance Rules provides thus:      " 3. Free Medical Attendance and Treatment to Government Servants- (1) A Government servant shall be entitled to medical attendance and treatment free of charge in accordance with provisions of these rules. (2) (i) The expenses incurred by a Government Servant on account of medical attendance and treatment shall on production of essentiality certificate from the authorised medical attendant in the prescribed form, be reimbursed to him to the extent and in manner provided in these rules. (ii) The following charges paid by the Government servants for treatment are reimbursable:- (a) Cost (including sales tax paid by the Government Servant on medicines purchased) of allopathic drugs, medicines, vaccines, sera or other therapeutic substances not ordinarily available in Govt. Hospitals. List of allopathic drugs, medicines which are not reimbursable is given in Appendix III. (b) Cost (including Sales Tax paid by the Government Servant on medicines purchased) of Ayurvedic and Unani drugs of approved preparation only not ordinarily available in Government hospital. List of drugs which are reimbursable is given in Appendix IV. (c) Ambulance charges incurred to convey the patient from residence to a Government hospital vice versa or from one Government hospital to another for treatment or examination, if the ambulance belongs to Government or the Government hospital, where patient is admitted. (d) Blood transfusion charges. (e) Cost wholly or partly of hearing aid or artificial limb (including cost of replacing a limb) or callipers. If a hearing aid equipment is required to be purchased again on the opinion of the competent authorised medical attendance and that the earlier equipment is beyond repairs, the reimbursement of cost would be limited to 50% only. (f) Consultation fee charged by the authorised medical attendant from the Government servant for treatment of Government servant at his reisdence to the extent and on scale laid down in the schedule given in Appendix `x' of Rajasthan Service Rules, Vol. II. (g) Fee paid to Compounder/nurse per visit for administering injection at the residence of Government servant to the extent and on the scale laid down in the schedule given in Appendix `x' of Rajasthan Service Rules, Volume II. (h) X-Ray charges paid by the Government Servant in a Government Hospital/dispensary/clinic. (i) Cost (including Sales Tax paid by the Government servant on medicines purchased) of Homeopathic drugs of approved preparation only, not ordinarily available in the Government Hospitals. List of Pharmacists as well as list of medicines which are reimbursable is given in Appendix 12. (j) Consultation fee charged by the authorised medical attendant and fee paid to Compounder/nurse for administering injections in case of Homeopathic treatment at the residence of the Government servant will not be reimbursable. (k) The charges paid by the Government servants in a Government Hospital under Auto Finance Scheme for pathological bacteriological and radiological tests, X-Ray, Dialysis and investigations etc. which are considered necessary by the authorised medical attendant. (l) Actual cost of Intra-Ocular Lens implantation and the treatment thereto, if undertaken in Government hospital. (m) Cost of Subcutaneous Infusion Pump - an instrument for use of blood transfusion. (n) The charges paid by the Government servants to the Rajasthan Medicare Relief Societies established in accordance with the Government instructions for pathological, bacteriological and radiological tests, X-Ray, Dialysis and investigations etc. which are considered necessary by the authorised medical attendant. "
(3.) IT will be, thus, seen that a government servant is entitled to medical attendance and treatment free of charge in accordance with these rules. IT provides reimbursement of the expenses incurred by a government servant on account of medical attendance and treatment to the government servant to the extent and in the manner provided in these rules. Rule 8 provides for procedure for claiming reimbursement. Rule 12 is a savings rule. Inter-alia, it provides that nothing in these rules shall be deemed to prevent the government from granting to a government servant any concession relating to the medical treatment which is not authorised by the rules. ;