GOVIND NARAYAN SHARMA Vs. RAJASTHAN HIGH COURT

JUDGEMENT

(1.) By this writ petition, petitioner is claiming for reimbursement of medical expenses incurred on undergoing his treatment in Sawai Man Singh, Hospital, Jaipur (SMS Hospital) as as per Annexures 1 and 2 with interest @12% p.a. 2. Brief facts of the petition are that the petitioner was appointed as Class-IV employee in the year 1986 in respondent department. He was promoted as Jamadar in the year 2013 and at present he is working on the post of Jamadar with the respondent department. The petitioner had to undergo heart operation on 29.5.2015. He submitted total bills of Rs.1,53,816/- for reimbursement. Copies of the bills are Annexure-1 and Annexure-

(2.) Towards these bills of Rs.1,53,816, only a sum of Rs.57,242/- was ordered to be paid to the petitioner which he received under protest with a request that for the rest amount which was deducted, his case be sent to the Government for appropriate directions. Vide Government order No.i-10?9 1/2U;k;@2013 dated 27.10.2016, Rs.94,814/- are reimbursable as per rules, whereas, only Rs.57,242/- have been reimbursed. The petitioner in his prayer wanted to direct the respondents to reimburse the entire amount which was incurred in his treatment.

(3.) Respondents in reply submitted that the State of Rajasthan enacted the Rajasthan Civil Services (Medical Attendance) Rules, 2013 (for short "the Rules, 2013") in exercise of powers conferred by the proviso to Article 309 of the Constitution. These rules provide the procedure of reimbursement of expenses and cost ceiling of implants. Rule 7 of the Rules, 2013 reads as under :