ASHOK KUMAR JAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner was working as Sub-Divisional Magistrate, Sirohi, at the relevant time and has filed the present writ petition in this Court on 25.04.2007 claiming reimbursement of the medical expenses to the tune of Rs.2,73,887/- paid by him to All India Institute of Medical Science, New Delhi (AIIMS, New Delhi, for short) for treatment of his heart ailment and insertion of two stent(s) in an emergency on 08/09.06.2006.

(2.) The petitioner while working as S.D.M., Sirohi, fell ill at Sirohi on 12.05.2006 and was admitted in the local Government Hospital, Sirohi and after being treated therefor 3-4 days, and he was discharged on 15.05.2006 without any further reference to other Hospital. He went to his home town at Agra after taking duly sanctioned privilege leave and while at Agra with his family on 08/09.06.2006, he again suffered cardiac problem and on account of such emergency, the family members took him to AIIMS, New Delhi, where after Angiography, the petitioner was operated upon and two stent(s) were inserted and the total bill of Rs.2,73,887/- was paid by him to AIIMS, New Delhi.

(3.) The claim for reimbursement of the petitioner under the Rajasthan Civil Services (Medical Attendance) Rules, 1970 (Rules of 1970, for short) was not sanctioned, therefore, the petitioner approached this Court by way of present writ petition. The document (Annex.1) dated 12.09.2006 placed on record issued by the Board of Revenue, Ajmer, stipulates that the petitioner should give an undertaking that only cost of two Stents of Rs.75,000/- can be reimbursed to him and he will furnish the undertaking of the same as taking the said payment of Rs.75,000/- in full settlement of the medical reimbursement bill. Such undertaking was not furnished by the petitioner and during the pendency of this writ petition, a coordinate bench of this Court passed an interim order after hearing both the counsels that the petitioner should be paid a sum of Rs.1,10,000/- as an interim measure towards the said treatment vide the order dated 19.03.2008, which amount is said to have been paid to the petitioner against the total bill of Rs.2,73,887/- claimed by him.