LAXMAN TANEJA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant writ petition has been filed by Shri Laxman Taneja-petitioner praying therein that by an appropriate writ, order or direction, the amendment dated 21. 11. 2002 made in the Rajasthan State Pensioners Medical Concession Scheme (hereinafter referred to as `the Medical Concession Scheme'), whereby a pensioner and members of his family have been declared entitled for grant of financial assistance in respect of specialized treatments taken in a Government hospital within the State of Rajasthan only, may be declared illegal, so far as it restricts grant of financial assistance in respect of specialized treatments taken in the Government hospital within the State of Rajasthan. It has further been prayed that by an appropriate writ, order of direction, the respondents may be directed to provide financial assistance to a pensioner and the members of his family in respect of specialized treatments taken in a Government hospital within the State of Rajasthan or from any other hospital where such specialized treatment is available. It has also been prayed that by an appropriate writ, order or direction, the order dated 5. 6. 2002 (Annexure 6), passed by Respondent No. 4-Treasure, officer of the Treasure, Collectorate, Barmer-rejecting claim of the petitioner for medical reimbursement, may be declared illegal. Lastly, it has been prayed that by an appropriate writ, order or direction, the respondents may be directed to provide financial assistance to the petitioner for specialized treatment taken by his wife as per the bill submitted by him for medical reimbursement.

(2.) BRIEF facts giving rise to the instant petition are that the petitioner was retired from service on February 27, 2001. At the time of his retirement, he was holding the post of Assistant Engineer in Indira Gandhi Nahar Pariyojana.

(3.) THE wife of the petitioner fell sick on 28. 1. 2002 due to her heart problem and as an emergency case, she was admitted in Fortist Heart Institute, Mohali (Punjab ).