V P SAXENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is yet another case of insensitive and bureaucratic attitude of the officers of the respondents. The petitioner, after his retirement from government service in the year 1992, was recommended for Heart Surgery at All India Institute of Medical Science (AIIMS), New Delhi. However, due to strike of Resident Doctors in the AIIMS from 7. 2. 1999, the petitioner, in emergent circumstances, had to undergo the Surgery at Escorts Hospital, New Delhi, on 23. 2. 1999. As has come on record, even till 23. 2. 1999 the Doctors at AIIMS were on strike. After operation, the petitioner submitted his medical expenses bills for reimbursement. Having been refused to make the reimbursement as per relevant rules, as applicable at the relevant time, the present writ petition has been filed by the petitioner seeking relief accordingly.

(2.) IT has been submitted on behalf of the petitioner that as per order dated 12. 5. 1998 certain amendments were made in the Rajasthan State Medical Pensioners Concessions Scheme thereby the existing words and figures "@ 80% of hospital expenditure or Rs. 50,000/- whichever is less", appearing in Sub-para (1) of Para 4 (A) were substituted by the words and figures "@ 80% of hospital expenditure or Rs. 1. 20 lacs whichever is less". IT was only as per the above amendment made in the Medical Concession Scheme, the petitioner has claimed Rs. 1. 20 lacs as reimbursement of his medical expenses incurred on the heart operation conducted at the Escorts Hospital, New Delhi.

(3.) AFTER having carefully considered the entire facts and circumstances of the present case, in my opinion, the denial of the relief as claimed by the petitioner, is wholly unjustified. Accordingly, the writ petition is allowed. The petitioner is held entitled for reimbursement upto to amount of Rs. 1,20,000/- as per the Circular dated 12. 5. 1998, as referred above. The respondents are directed to make the payment of remaining amount within 30 days from the date of receipt of certified copy of this order. .