B L VERMA Vs. STATE

JUDGEMENT

(1.) IN this case, the petitioner has prayed for directions to the respondents to reimburse the medical claim of the petitioner which has been paid by him for treatment of his heart disease in S.K. Soni Hospital Private Ltd., Jaipur. It is also prayed that the rejection order dated 19.5.2006 (Annexure -6) issued by the respondent No. 2 may be quashed and set aside.

(2.) AS per the facts stated in the writ petition, the petitioner while working as Additional Chief Engineer, Bikaner had a meeting with Chief Secretary, Govt. of Rajasthan at Jaipur. After completion of meeting, he left for Bikaner on 29.1.2006 by a private taxi car and in between the way, he suffered severe pain in chest, therefore, he was taken to the Govt. Hospital, Khatu Shyamji. The concerned doctor of the Hospital told the petitioner that pain belongs to heart attack as such he advised to take medicines of heart disease and it was also suggested by the Doctor at Govt. Hospital Khatu Shyamji to take treatment in the Sikar Govt. hospital. As per the advise of the doctor at Govt. Hospital Khatu Shyamji, the petitioner was immediately taken to the Govt. hospital at Sikar. But as per the assertion of the petitioner made in para No. 4 of the writ petition, the hospital time was over and as such the petitioner rushed to the private hospital namely Dr. Mittal Nursing Home at Sikar and took treatment and thereafter looking to the gravity of the disease, the petitioner was referred to Jaipur as such after reaching Jaipur due to emergent situation, the petitioner was admitted to the S.K. Soni Hospital, Jaipur which is private hospital and got treatment

(3.) THE petitioner submitted all the medical bills along with the application for reimbursement but unfortunately, the claim of the petitioner was rejected vide order Annexure -6 dated 19.5.2006 in which it is stated that as per the Rajasthan Civil Services (Medical Attendance) Rules, 1970, the petitioner is not entitled to get the medical reimbursement on the ground that he has not taken treatment from the Govt. hospital. In this writ petition, the petitioner has challenged the validity of order dated 19.5.2006.