KIFAYAT HUSSAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY way of this writ petition, while putting a challenge to the phraseology of Rule 7 (1) of the Rajasthan Civil Services (Medical Attendance) Rules, 1970 ('the Rules of 1970'), the petitioner has prayed for quashing of the communication dated 25. 06. 2001 (Annex. 9) and directions to the respondents to make payment of the expenditure incurred by him for bypass surgery at Escorts Heart Institute, New Delhi (hereinafter also referred to as 'escorts' for short ).

(2.) WHILE pointing out that he entered the services of Government of Rajasthan in the Department of Revenue as LDC in the year 1968, was promoted to the post of UDC, and is working on such a post in the Collectorate at Banswara, the petitioner has averred that he suffered heart attack in the month of September 1999 and after primary treatment at Banswara, he was referred to and was treated at RNT Medical College Hospital, Udaipur; that after treatment at Udaipur for some time, he was referred for investigation and treatment to SMS Hospital, Jaipur (hereinafter also referred to as 'sms' for short) under the communication dated 15. 06. 2000 (Annex. 1); that he went to Jaipur and contacted Dr. R. K. Madhok, Professor and Head, Department of Cardiology, SMS Medical College, Jaipur; that he was admitted at SMS and thereafter angiography was conducted on 12. 07. 2000 in which two blockages in coronary artery were discovered and he was advised Coronary Artery Bypass Surgery (CABG ).

(3.) ACCORDING to the petitioner, the action of the respondents in rejecting his application for grant of medical reimbursement in respect of expenditure incurred by him in relation to the open heart surgery at Escorts Heart Institute, New Delhi is illegal because under Rule 7 of the Rules of 1970, a Government servant who is suffering from a disease for which treatment is not available in any Government Hospital in the State is entitled to reimbursement of the expenditure incurred by him provided that he has undertaken treatment at the Hospital or Institute mentioned in Appendix 11.