ABDUL RASHID KHAN Vs. STATE OF RAJATHAN

JUDGEMENT

(1.) THE petitioner being a retired Assistant Registrar of the Rajasthan High Court has filed this writ petition claiming reimbursement of medical expenses to the extent of Rs.1,30,000/ - for bypass Heart Surgery undertaken by him in S.A.L. Hospital, Ahmedabad in emergency outside the State of Rajasthan after he was treated in Government Hospital for the said disease. The said claim has not been entertained by the respondent ­ State and only a sum of Rs.44000/ - has been paid to the petitioner towards the bypass surgery vide and no reason has been assigned by the respondents for not making reimbursement of the balance amount of treatment because under the Scheme for Pensioners.

(2.) THE learned counsel for the petitioner has urged that, in an emergency, if the Government servant takes the treatment outside the State of Rajasthan, the Rules 6 and 7 of the Rules of 1970 govern the case and while the petitioner was outside the State of Rajasthan, he suffered the heart ailment, in an emergency he was taken to a nearby private hospital and he was provided medical treatment there. He also relied upon the recent judgment of this Court in the case of Jawahar Lal Bohra Vs. State of Rajasthan & Ors. (SBCWP No.6350/2005, decided on 26.03.2014) and in the case of Smt. Usha Mehta Vs. State of Rajasthan and ors. (SBCWP No.6401/2006, decided on 26.03.2014). He, therefore, submitted that reimbursement of the medical expenditure incurred by the petitioner deserves to be reimbursed to the petitioner.

(3.) IN the case of Smt. Usha Mehta (supra), this Court has held as under: -