JAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner for reimbursement of his medical expenses amount of Rs.33,906.00 incurred for a surgery of right eye at All India Institute of Medical Science (AIIMS), New Delhi. The petitioner was a Government Doctor, who retired on 31/8/2006. In the present petition petitioner stated that he suffered in his right eye an ailment named Mecular Hole and the diagnosis was Pseudophahia c Idipathic FTMH Stage 2. An emergency arose when he was with his son at Delhi and because of the emergent situation he was rushed to All India Institution of Medical Science (AIIMS), New Delhi, wherein he was admitted and operated for the ailment. He remained hospitalized from 7/5/2011 to 11/5/2011 and for the said complete period of hospitalization and surgery an amount of Rs. 33,906.00 was incurred of which he claimed the reimbursement. The said claim of the petitioner was allegedly returned by the Directorate of the Pension and Pensioners Welfare Department on the ground that:

(2.) In the reply, it has been stated by the respondents that in terms of Rule 10 (1) and 10(3) of the Rules of Rajasthan Civil Services (Medical Attendance) Rules, 2008 (hereinafter referred as Rules of 2008), the petitioner had not produced any certificate showing emergency of treatment taken by him. It has also been averred that the petitioner has failed to produce any certificate issued by Competent Authority regarding non-availability of such treatment in any Medical College of the State of Rajasthan and further that petitioner had not submitted any document of his reference to the AIIMS Hospital for treatment.

(3.) Controverting the facts as stated by the respondents, vide rejoinder the petitioner stated that the document Annexure-2 annexed with the petition was a certificate fulfilling the essential requirements as mentioned under Rule 10 (3) of the Rules of 2008. So far as the certificate pertaining to emergency is concerned, the same was also furnished by the petitioner when called upon.