GAJRAJ CHAND BHANDARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner, who is an retired Government employee of the State of Rajasthan in the instant writ petition challenged the decision of rejecting the financial assistance of an amount of Rs.91,672.99/- vide letter dated July 25, 1995 with a further direction to reimburse full amount of Rs.1,42,672.99 paid by him to the Escorts Heart Institute and Research Centre, New Delhi for Coronary artery By-pass Grafting done on July, 1994 on a recommendation made by the Medical Board constituted by the Principal, SMS Medical College, Jaipur.

(2.) THE petitioner served the State of Rajasthan in Cooperative Department and retired as Deputy Registrar in the year 1989. THE petitioner in the year 1994 suddenly attacked by IHC triple Vessel disease at Jodhpur. THE doctors at Jodhpur recommended the case to the SMS Hospital. THE Principal SMS Medical College Jaipur vide letter dated June 2, 1994 constituted Board and the board was requested to submit report on the following lines.-- (a) Whether the facilities exist in Rajasthan or India. (b) Whether patient requires attendants or not (c) Nature of service of patient/father/mother/wife with the name of his/her department and drawing officer alongwith designation if the patient is in Government service. (d) Estimated cost on the treatment/investigations.

(3.) THIS court in Smt. Nirmala Kumari Raizada vs. Director Pensions and Pensioners Welfare & Ors. (1), directed the respondent Director Pensions that when a retired Government employee had gone out of the State and in emergency in order to save his life had to take medical treatment at a big hospital outside the State, then he should be given benefit of the Scheme by invoking Rule 16 and it was further directed to construe Rule 16 of the Rajasthan Pensioners Medical Concession Scheme, 1981 liberally in the benefit of retired employees.