LAWS(RAJ)-2005-1-30

KAILASH PRASAD GUPTA Vs. STATE OF RAJASTHAN

Decided On January 19, 2005
KAILASH PRASAD GUPTA Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) THIS is yet another case of pathetic insensitive attitude and mechanical approach of the authorities concerned.

(2.) THE petitioner, being retired from Government Service, is member of the Rajasthan State Medical Pensioners' Concession Scheme. Under the provisions of the scheme, the wife is also entitled for free medical aid. As has been submitted by the petitioner, his wife Smt. Laxmi Devi has been suffering from ailments of Diabetes, High Blood Pressure, Thyroid, Heart & Kidney Diseases. Her condition became serious on 27. 04. 2003 and at about 1'o clock in the mid night, she was rushed to nearby clinic where the Doctor concerned referred her to SMS Hospital/santokba Durlabhji Memorial Hospital, Jaipur where intensive care treatment was available. It has been submitted that the petitioner took his wife in the critical condition to SMS Hospital, Jaipur. However, in the emergency ward neither immediate care was taken nor any prompt assistance was given. Under the circumstances, there was no option for the petitioner but to take his wife to Santokba Durlabhji Memorial Hospital, Jaipur where she was immediately admitted in the I. C. U. , Wife of the petitioner had to be hospitalized from 27. 04. 2003 to 21. 06. 2003, however, in spite of best efforts made by the Doctors, the patient ultimately expired on 21. 06. 2003. THE medical reimbursement has been denied to the petitioner only on the ground that the treatment was taken in a private hospital not recognized by the State Government.

(3.) ACCORDINGLY, the writ petition is allowed. The respondents are directed to reimburse the bills so submitted by the petitioner and make the payment within thirty days from the date of receipt of certified copy of this order. The petitioner may also submit an affidavit certifying the bills along with the copy of this order. Since the petitioner has been put to a great agony and mental pressure by insensitive approach of the authorities concerned, I deem it proper to allow a cost of Rs. 10,000/- also to the petitioner which may be paid along with the amount of reimbursement. .