SMT. BHANWAR KANWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner Smt. Bhanwar Kanwar is widow and dependent of deceased Govt. Servant Late Jai Singh, who had retired from the post of Sub Inspector. She has filed the present petition for reimbursement of medical expenses incurred by her husband in treatment of 'carcinama base of tongue' at the S.M.S. Hospital, Jaipur.

(2.) Facts apposite for the purposes of this writ petition are that husband of the petitioner was admitted for treatment and was given radiotherapy (IMRT) from 13.10.2014 to 14.07.2015 costing him Rs. 1,03,400/- but thereafter his disease was diagnosed as of advanced stage and therefore required biological weekly therapy for six weeks costing Rs. 5,40,000/- for the doses and Rupees one lakh for IMRT radiotherapy, as per the report of Medical Board. In these circumstances, a request was made by her husband for increasing the ceiling limit of expenses. Thereafter, husband of petitioner again remained under treatment from 26.12.2013 to 13.01.2014 and submitted a claim for reimbursement of medical bills amounting to Rs. 3,40,622/-. The authority concerned, in turn, sent a communication on 07.12.2016 for submitting the medical bills through hospital and in compliance thereof the bills were later on sent for reimbursement through the hospital at the request of husband of petitioner who died in the interregnum and the respondent authority vide order dated 04.05.2017 rejected the claim medical reimbursement on the ground that the bills were not prepared item-wise.

(3.) Learned counsel submits that petitioner is entitled to reimbursement of the medical expenses incurred by her husband as the treatment was taken at a Government Hospital and under the relevant rules she is entitled to get entire reimbursement of his treatment. Learned counsel would contend that the order rejecting reimbursement of bills is totally baseless on the ground that concerned hospital did not send the bill item-wise and for the treatment earlier lumpsum amount was paid whereas the petitioner has legitimate right to get reimbursement of the entire amount incurred by her husband for his treatment. In support thereof, learned counsel has placed reliance on a decision of this Court in SBCWP No. 5211/2010 (Pratap Singh Gehlot v. State of Rajasthan and Ors.)