OM PRAKASH JOSHI Vs. STATE OF RAJATHAN

JUDGEMENT

(1.) THE petitioner being a retired Regional Forest Officer of the Department of Forest has filed this writ petition claiming reimbursement of medical expenses to the extent of Rs.1,40,000/ - for bypass Heart Surgery undertaken by him in Goyal Hospital, Jodhpur. 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 he was suffering the heart ailment and 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: -