PRADEEP NANDRAJOG,C.J. - (1.) Heard learned counsel for the parties.
(2.) While working as Sub Divisional Magistrate in the State of Rajasthan, the respondent fell ill on 12.05.2006 and was admitted in a local Government Hospital at Sirohi, where from he was discharged on 15.05.2006 without further reference to any other hospital. He went to his home town in Agra after availing leave and in the intervening night of 8th and 9th June, 2006 suffered a cardiac problem. His family rushed him to All India Institute of Medical Sciences, New Delhi where he underwent Angioplasty. Two stents were inserted. Total bill raised by All India Institute of Medical Sciences is Rs. 2,73,887/-. The State of Rajasthan only offered Rs. 75,000/-. The respondent did not accept the same. He filed a writ petition. Under an interim order, Rs. 1,10,000/- was paid. Vide order impugned dated 03.04.2014 full amount has been directed to be paid.
(3.) The issue has to be decided as per the Rajasthan Civil Services (Medical Attendance) Rules, 1970. Rule 6 reads as under: "6. Medical attendance and treatment outside Rajasthan.-[(1) A Government servants including members of his family posted to a station or sent on duty or spending leave or otherwise at a station outside Rajasthan in India and who falls ill shall be entitled to free medical attendance and treatment as an indoor and outdoor patient in a Hospital maintained by the Central Government or other State Government on the scale and conditions which would be admissible to him under these rules, had he been on duty or on leave in Rajasthan. (2) For the purpose of this rule "Authorised Medical Attendant" in respect of a Government servant or class of Government servant at a station outside Rajasthan shall mean an officer of Medical Department of Central or other State Government (as the case may be) on duty in a Government Hospital or Dispensary at that station. (3) The charges paid by the Government Servant posted at Delhi to the following private hospitals/clinics for X-Ray, Pathological, Bacteriological, Radiological tests and other kind of investigations which are considered necessary by the doctor of the State Government posted in Delhi, shall be reimbursed:- 1. Sunderlal Jain Charitable Hospital, Ashok Vihar, 2. Massonic Charitable Polyclinic, Janpath, and 3. Sir Gangaram Hospital, Rajendra Nagar.]";