RAJKUMAR SARAF Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of the present writ petition, the petitioner has prayed for reimbursement of expenses qua the Liver Transplant Surgery involving deceased liver donor undergone by him.

(2.) Brief facts of the case are that the petitioner was suffering from chronic liver cirrhosis and was taken to SMS Hospital, Jaipur; there the petitioner was advised and referred by the doctors to AIIMS, New Delhi. The doctors at AIIMS, New Delhi advised the petitioner to get operated at Apollo Hospital, Chennai due to non availability of treatment. The petitioner in dire need of liver transplant operation was operated on 21/4/2014 and discharged on 28/4/2014 from Apollo Hospital, Chennai. A sum ofRs.26,02,500/- was incurred as expenditure for the above-mentioned treatment/surgery. An application was submitted by the petitioner claiming medical reimbursement of expenses incurred qua the liver transplant surgery. The respondent-authorities vide order dtd. 29/5/2017, accepted the claim partially to the tune ofRs.6,00,000/-. The petitioner being aggrieved by partial acceptance of medical reimbursement claim, has preferred the present writ petition.

(3.) Learned counsel for the petitioner submitted that in an emergent condition, the petitioner was admitted in Apollo Hospital, Chennai due to non-availability of treatment in the parent state therefore, petitioner is entitled to the entire reimbursement amount claimed. Counsel vehemently submitted that denial of full reimbursement of medical bills is also discriminatory as complete reimbursement has been made in favour of employees who have undergone similar specialised treatment.