BABU LAL Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) By way of the instant writ petition, the petitioner seeks a direction to be issued to the respondents to reimburse the medical expenses borne in the treatment of his wife's cardiac, which she had to undergo in an emergent condition at the Santokbha Durlabhji Hospital, Jaipur in May 2005.

(2.) The petitioner's wife retired from the services of the Education Department of State of Rajasthan on 31.7.2002 and was issued a PPO No.863349(R) and also a medical diary by the respondents. She was a permanent resident of Bhilwara.

(3.) It is averred in the writ petition that the petitioner's wife was suddenly diagnosed with advance stage of cancer disease was suggested to be operated. However, before she could be operated for cancer, she suffered sudden cardiac discomfort and thus the cancer surgery had to be put off so that she could be firstly treated for the cardiac ailment. Accordingly, she was admitted at SMS Hospital but due to the long waiting list of patients suffering from similar problem, she could not be operated immediately. Therefore, in such an emergent situation, she was admitted in Santokbha Durlabhji Hospital, Jaipur and was operated for her heart ailment. Thereafter, she was operated for cancer disease. However, after both the procedure, her condition deteriorated and she ultimately passed away on 13.9.2005. A total expenditure of Rs. 2,10,289.00 was incurred in the above treatments including expenses towards purchase of medicines etc. The petitioner submitted the bills of medical expenses to the respondent department and claimed reimbursement thereof but the same was rejected by the respondent No.4 vide order dated 26.5.2006 on the ground that the treatment of the petitioner was not undertaken in a Government hospital. Hence, the petitioner has approached this Court for issuance of a writ or order to the respondents to reimburse the medical bills.