DAYAL CHANDRA MATHUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the instant writ petition under Article 226 of the Constitution of India, the petitioner seeks to direct the respondents to reimburse his medical claim to the extent of actual expenses incurred by him for undergoing the treatment of Angioplasty at Sterling Hospital, Ahmedabad.

(2.) The facts and circumstances giving rise to the instant write petition are that the petitioner who is Govt. servant working on the post of Executive Engineer and Technical Assistant in Public Works Department of the State. While the petitioner was posted as Executive Engineer, PWD, Division, Sagwada, district Dungarpur, in the month of November, 2003, he suddenly developed a server chest plain and was taken to Govt. Hospital, Udaipur for treatment. While undergoing treatment at Govt. Hospital, Udaipur, it revealed that the petitioner is suffering from heart ailment. However, he remained under treatment at the said Govt. Hospital, Udaipur from 06.11.2003 to 10.11.2003 in Intensive Care Unit and thereafter he was discharged vide Annex.1. On 14.11.2003, while the petitioner was at Banswara, again the petitioner developed chest pain and was taken to Mahatma Gandhi Hospital, Banswara and remained admitted in Intensive Care Unit and was discharged vide Annex.2. On 17.11.2003, the petitioner again developed a serve chest pain and therefore, on 18.11.2003, he was taken to Sterling Hospital, Ahmedabad for undergoing the treatment of Angiography, where he underwent the Angiography vide Annex.3 and on advise of the treating doctors, an urgent angioplasty was done. The petitioner incurred the expenses for the said treatment to the extent of Rs. 2,44,964/ - and submitted his medical bills for reimbursement which have not been reimbursed so far by the respondents. Hence this writ petition.

(3.) A reply to the writ petition has been filed by the respondent stating that Sterling Hospital, Ahmedabad is neither recognized nor approved as per the Appendix 11 to the Rule 7 of the Rajasthan Civil Services (Medical Attendance) Rules, 1970 (for short 'the Rules of 1970' hereinafter) and the petitioner at his own got treated in the said hospital and therefore, the State Govt. is not liable to reimburse the expenses incurred by the petitioner.