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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR.
ORDER
Swaroop Singh
vs.
The State of Rajasthan and Ors.
S.B.CIVIL WRIT PETITION NO.5912/2007
Date of Order :: 18.02.2011
PRESENT
HON'BLE MR.JUSTICE GOVIND MATHUR
Mr. Vipul Singhvi for Mr. Rakesh Arora, for the petitioner.
Mr. Mukul Singhvi, for the respondent/s.
....
BY THE COURT :
The petitioner, a Gangman with Public Works
Department suffered severe chest pain, thus, he was brought to
Escort Goyal Heart Centre, Jodhpur on 9.4.2006. On undergoing
aortic angiography on 10.4.2006, the petitioner was found with
anamalous origin arising from right brachio-cephalic artery.
Looking to the serious condition, the petitioner was taken for
further treatment to Escort Heart Institute and Research Centre,
New Delhi.
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Necessary arterial vascular intervention was required to
be made on 21.4.2006, but that was not done looking to severe
collapse in petitioner’s blood pressure. Ultimately, that was made
on 3.5.2006. For undergoing the treatment aforesaid, the
petitioner had expenditure in a tune of Rs.4,36,112.92/-.
An application then was submitted by the petitioner to
the competent authority, as per the provisions of the Rajasthan
Civil Services (Medical Attendance) Rules, 1970 (for short ‘the
Rules of 1970’ hereinafter) for reimbursement of the expenses
incurred in the treatment aforesaid. No reimbursement as
claimed was made, thus, this petition for writ.
As per learned counsel for the petitioner, Escort Heart
Institute and Research Centre, New Delhi is an enlisted hospital
with Appendix-XI attached to the Rules of 1970 and therefore,
the entire reimbursement of medical expenses claimed for
should have been made.
A reply to the writ petition has been filed on behalf of
the respondents with assertion that the treatment availed by the
petitioner was available at Sawai Mansingh Hospital, Jaipur,
therefore, no amount in excess to the amount that would have
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been incurred in undergoing same treatment at Sawai Mansingh
Hospital, Jaipur can be reimbursed. It is also stated that under a
letter dated 18.10.2007, the Executive Engineer, Public Works
Department, Sindhari Division, District Barmer instructed the
petitioner to furnish an undertaking to bear the expenses in
excess to the amount that could have been incurred in going the
treatment at Sawai Mansingh Hospital, Jaipur by himself, but no
such undertaking was furnished and therefore, no amount for
medical attendance as per the Rules of 1970 is released.
Heard learned counsel for the parties.
The petitioner while working in Barmer district, was
brought to Escort Goyal Heart Centre, Jodhpur on being suffered
with acute chest pain. At the hospital aforesaid he was advised
to undergo necessary treatment at Escort Heart Institute and
Research Centre, New Delhi. At the institution aforesaid, he also
undergone necessary treatment. There is also no dispute about
the expenses incurred in the treatment concerned. The only
objection of the respondents is that the petitioner could have
availed this treatment at Sawai Mansingh Hospital, Jaipur. Under
the Scheme of the Rules of 1970, a Government servant is
entitled for reimbursement of entire amount of medical
expenses, if he has undergone treatment at an enlisted Hospital.
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True it is, that by certain circulars, the Government has
given priority to the Government Hospital for undergoing such
treatment, but that in no manner curtails right accrued to the
Government servant under the statute. The petitioner has
undergone Cardio Vascular treatment at Escort Heart Institute
and Research Centre, New Delhi, an hospital enlisted with
Appendix-XI attached to the Rules of 1970. The respondents, as
a matter of fact, had no authority to instruct the petitioner to
furnish the undertaking as desired under the letter dated
18.10.2007. Seeking of such an undertaking is contrary to the
spirits and objects of the Rules of 1970.
Beside the above, from the facts averred it would reveal
the need for urgent treatment to the petitioner. A person
suffering from life threat would not waste time to make choice
between the hospital, but to avail the treatment, whichever is
advised to him by treating experts. In the instant matter, an
advise was given by treating medical experts to the petitioner to
undergo treatment at Escort Heart Institute and Research
Centre, New Delhi, a hospital enlisted under Appendix-XI and
that was adhered by him. In such circumstances, the non-
reimbursement of the amount of the expenses incurred is not
proper.
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Accordingly, the petition for writ is allowed. The
respondents are directed to make payment of the entire amount
i.e. in a tune of Rs.4,36,112.92/- of the expenses incurred by
the petitioner in undergoing treatment at Escort Heart Institute
and Research Centre, New Delhi. The amount aforesaid is
required to be paid to the petitioner within a period of two
months from today.
( GOVIND MATHUR ),J.
rm/
