SHANTA KUMARI Vs. STATE OF RAJASTHAN & ORS

JUDGEMENT

(1.) The petitioner was retired from the post of Health Assistant on 31.05.2008. The petitioner while in service suffered from Cardiac disease and on account of said disease, she initially was admitted at Govt. Hospital, Pali. However, looking to the seriousness of her ailment, she was referred to Mathura Das Mathur Hospital, Jodhpur on 07.06.2009. The petitioner was thereafter was referred to higher centre and thereafter she under went major heart surgery of replacement of valve at Escort Fortis Hospital, Noida, and incurred medical expenses to the tune of Rs.2,48,933.36 paid by her to said approved Hospital i.e. Escort Fortis Hospital, Noida for her treatment of surgery of replacement of valve in the heart.

(2.) The petitioner submitted an application before the District Reproductive and Child Health Officer, Pali along-with which she submitted the bills, receipt and certificate for reimbursement given by the concerned doctor. Thereafter, the application was forwarded to the Director, Directorate Medical and Health Services, Jaipur. The claim for reimbursement of the petitioner under the Rajasthan Civil Services (Medical Attendance) Rules, 1970 (Rules of 1970, for short) was, however, not sanctioned by the respondents. The petitioner served a legal notice (Annex.8) dated 17.03.2009 through her counsel. Thereafter, vide the letter dated 26.03.2009 (Annex.9) issued by the District Reproductive and Child officer, Pali, the petitioner was asked to furnish certain information for making payment to her although all the relevant bills and other certificate were submitted by the petitioner. Therefore, the petitioner approached this Court by way of present writ petition which was filed by her on 13.04.2009.

(3.) Ms. Shobha Kunwar, appearing on behalf of Mr. Sajjan Singh, 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, she suffered the heart ailment, and upon being referred to higher centre, in an emergency she was taken to the hospital, which is admittedly approved hospital by the State of Rajasthan i.e. Escort Fortis Hospital, Noida, and she was provided medical treatment there. On account of non-payment of the medical expenses incurred by the petitioner, she has filed the present writ petition in this Court on 13.04.2009. She 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). She, therefore, submitted that reimbursement of the medical expenditure incurred by the petitioner deserves to be reimbursed to the petitioner.