SHANKAR SINGH SOLANKI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner, a retired government servant, by this petition for writ is claiming an appropriate writ, order or direction for respondents to reimburse medical expenses incurred in his treatment at GBH American Hospital, Udaipur.

(2.) IN brief, facts of the case are that on 10.1.2008 the petitioner was taken to Maharana Bhupal Government Hospital, Udaipur on being suffered with acute chest pain. After necessary diagnosis requirement of undergoing urgent rescue, angioplasty and CAG was advised, however, the same facility was not available with the hospital concerned due to non workability of angioplasty machine. The petitioner, therefore, was shifted to GBH American Hospital, Udaipur where on the same day coronary angioplasty and stent planting was made. In the treatment aforesaid an expenses in a tune of Rs. 1,48,774/ -was incurred. The petitioner thereafter made a demand from the respondents for reimbursement of medical expenses and while doing so he also submitted a certificate dated 18.3.2008 issued by the Superintendent, Maharana Bhupal Government Hospital, Udaipur certifying that on 10.1.2008 the facility of angioplasty was not available at hospital due to maintenance work of angioplasty machine. The Member Secretary -cum - Director, Rajasthan Pensioners' Medical & Concession Scheme vide his letter dated 7.6.2008 informed to the Treasury Officer, Udaipur that the petitioner was not entitled for reimbursement of medical expenses being GBH American Hospital, Udaipur not a recognised one by the State Government. Aggrieved by the same, this petition for writ is preferred.

(3.) IN Shankerlal's case (supra) the Division Bench of this Court held as under: