STATE OF RAJASTHAN Vs. ASHOK KUMAR SAXENA

JUDGEMENT

(1.) The delay is condoned. Heard on the question of admission. This appeal is by State Government filed under Section 18 of the Rajasthan High Court Ordinance and against the order dated 6.7.2007 passed in Civil Writ Petition No. 4499/06 by learned Single Judge whereby the learned Single Judge was pleased to allow the writ petition and accordingly directed to reimburse the entire amount to the petitioner after deducting the amount which has already been paid to the petitioner as per his medical bills submitted by him for the treatment received by him in various hospitals. This is what the learned Single Judge directed while issuing a writ of mandamus as under:-

(2.) The short question which arose before the learned Single Judge in the writ petition filed by respondent herein out of which this appeal arises was whether a State employee who has undergone a medical surgery for the ailment suffered by him is entitled to claim medical reimbursement of the expenses which he has admittedly incurred in receiving medical treatment in terms of the rules known as Rajasthan Civil Service (Medical Attendance) Rules, 2008 (for short called 'the Rules'). Since there was some dispute about the extent of amount to be reimbursed to employee by the State and the State Government having declined to clear all medical bills the writ petitioner was compelled to file writ petition out of which this appeal arises claiming a writ of mandamus directing the State to reimburse all his medical claim which he incurred on his medical treatment in actual.

(3.) As sated supra the learned Single Judge was pleased to allow the writ petition and gave directions mentioned supra. It is against these directions, the State has felt aggrieved and filed this appeal.