STATE OF GUJARAT Vs. JANMAHMAD AMINKHAN SINDHI

JUDGEMENT

(1.) In this intra-court appeal, order of learned Single Judge dtd. 23/12/2021 passed in Special Civil Application No. 8121 of 2020 is under challenge, whereby petition filed by respondent No. 1 herein for a writ of Mandamus being issued to respondents to reimburse the medical bills of petitioner to the tune of Rs.5,24,236.00 along with interest came to be allowed and directed the State to pay balance amount of Rs.3,94,971.00 since a sum of Rs.1,29,265.00 had been credited to account of petitioner. Further direction has been issued that the said amount has to be paid with interest @ 6% p.a. for the period of three years of filing of writ petition and to pay interest @ 9% if the same is not paid within a period of four weeks from the date of receipt of copy of this order.

(2.) We have heard arguments of learned AGP Mr. K.M. Antani appearing for State authorities - appellants and learned advocate Mr. Nasir Saiyed appearing for respondent.

(3.) During the course of discharge of his duties, writ applicant met with a road traffic accident and on account of grievous injuries sustained by him, he was initially admitted at Civil Hospital and later on, to save his life, he was shifted to SAL Hospital, Ahmedabad and was operated and remained there for a period from 23/1/2010 to 26/1/2010. On account of left leg having got infected and as such was shifted to a private hospital namely Shalby Hospital, wherein he was in patient for a period of 27/1/2010 and remained till 24/2/2010. The medical experts having felt that in order to save the life of petitioner, it was eminent i.e. left leg had to be amputated below the knee, they accordingly amputated. Infact in the said accident, the petitioner had suffered fracture of tibia / fibula also. On being discharged, medical bills came to be submitted which were raised by the Shalby Hospital for the sum of Rs.5,24,236.00. However taking a narrow view, bill was not paid in its entirety, or in other words it was restricted to Rs.1,29,265.00 as per Gujarat State Service (Medical Treatment) Rules, 1988, by placing reliance on Rule 15(6) of the Rules, which provides that a government employee along with his family members, who have taken the medical treatment at private hospital, would be eligible for medical reimbursement on par with the fees charged by the Government hospital and Government empaneled hospitals for similar medical treatment as a special case.