SWAROOP SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY THE COURT : The petitioner, a Gangman with Public Works Department suffered severe chest pain, thus, he was brought to Escort Goyal Heart Centre, Jodhpur on 9.4.2006. On undergoing aortic angiography on 10.4.2006, the petitioner was found with anamalous origin arising from right brachio-cephalic artery. Looking to the serious condition, the petitioner was taken for further treatment to Escort Heart Institute and Research Centre, New Delhi.

(2.) NECESSARY arterial vascular intervention was required to be made on 21.4.2006, but that was not done looking to severe collapse in petitioner's blood pressure. Ultimately, that was made on 3.5.2006. For undergoing the treatment aforesaid, the petitioner had expenditure in a tune of Rs.4,36,112.92/-. An application then was submitted by the petitioner to the competent authority, as per the provisions of the Rajasthan Civil Services (Medical Attendance) Rules, 1970 (for short 'the Rules of 1970' hereinafter) for reimbursement of the expenses incurred in the treatment aforesaid. No reimbursement as claimed was made, thus, this petition for writ.

(3.) BESIDE the above, from the facts averred it would reveal the need for urgent treatment to the petitioner. A person suffering from life threat would not waste time to make choice between the hospital, but to avail the treatment, whichever is advised to him by treating experts. In the instant matter, an advise was given by treating medical experts to the petitioner to undergo treatment at Escort Heart Institute and Research Centre, New Delhi, a hospital enlisted under Appendix-XI and that was adhered by him. In such circumstances, the nonreimbursement of the amount of the expenses incurred is not proper.