STATE OF GUJARAT Vs. JUGALI BALDEVJI VAGHELA

JUDGEMENT

(1.) Heard learned Assistant Government Pleader Mr. L.B.Dabhi for the appellant-State and learned advocate Mr. Virat Popat for the respondent.

(2.) By filling the present Letters Patent Appeal under Clause 15 of the Letters Patent, the State seeks to challenge judgment and order dtd. 8/3/2022 of learned single Judge. Thereby, the decision reflected in communication dtd. 7/7/2016 of respondent No.2 came to be set aside. The claim of the petitioner for reimbursement of the medical expenditure was rejected by respondent No.2 as per the said communication. Learned single Judge directed that the reimbursement amount shall be paid within stipulated time and it shall be paid with 6% interest.

(3.) Noticing at the outset the basic facts, the prayer of the petitioner to set aside the order dtd. 7/7/2016 and to direct the respondents to reimburse the medical expenditure was on the premise that on 29/2/2016, the petitioner suffered a sudden severe cardiac attack. At that time, the petitioner was in a marriage function. The petitioner immediately rushed to Sai Shradha hospital at Nadiad, where he received primary treatment. As petitioner's condition deteriorated, he was required to be shifted for further treatment to Zydus hospital, Anand, which was the nearest superspecialist hospital from Nadiad. The petitioner who was Assistant Sub-Inspector came to be given intensive care treatment at Zydus hospital, Nadiad, and came to be discharged thereafter. 3.1 Under the Gujarat State Services Medical treatment Medical Rules, 2015, which provides for reimbursement of medical expenditure, the petitioner lodged its claim for Rs.1,91,729.00 The claim was denied by the aforementioned communication dtd. 7/7/2016 of respondent No.2 on the ground that the treatment taken by the petitioner was not at the hospital which was certified or empanelled by the authorities.