MUKUT BIHARI SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD finally with consent of learned counsel for the parties. Petitioner underwent open heart surgery in Tongya Hospital in emergent situation. He submitted medical bills for reimbursement but denied as Tongya Hospital was not one of the recognized hospitals at the relevant time, by the State of Rajasthan.

(2.) IT is stated by learned counsel for the petitioner that, controversy aforesaid has already been settled by Division Bench of this Court in the case of State of Rajasthan & Ors. Vs. Surendra Kumar Kalra, DB Civil Special Appeal (Writ) No. 1276/06 decided on 17.01.2008. Therein reimbursement of medical bills has been permitted to the extent it is permissible for similar treatment in government hospital. Accordingly, writ petition may be allowed.

(3.) CONTROVERSY as raised hereinabove was taken up for consideration by the Division Bench of this Court in the case of State of Rajasthan & Ors. vs. Surendra Kumar Kalra (supra). Therein also employee underwent open heart surgery in Tongya Heart & General Hospital, Jaipur. He was denied reimbursement of medical bills. However, the Division Bench while disposing of the appeal preferred by the State Government directed for reimbursement of medical bills on the rates applicable for similar treatment in government hospital. In view of aforesaid and looking to similarity in facts, the writ petition is allowed. Respondents are directed to reimburse medical bills of the petitioner to the extent and at the rate applicable for similar treatment in government hospital at the relevant time. The directions, aforesaid, may be complied with within a period of two months from the date of receipt of copy of this order.