Devi Singh vs State of Rajasthan and Others

Govind Mathur, J.—To reimburse entire expenses incurred in medical treatment undergone at Escorts Heart Institute & Research Centre, New Delhi this petition for writ is preferred. The factual matrix necessary to be noticed is that the petitioner, a Manager with Circuit House, was recommended by competent medical board to undergo necessary surgery at Escorts Heart Institute & Research Centre, New Delhi. Accordingly, necessary sanction was granted by the Principal and Controller, SMS Medical College, Jaipur on 28.07.2004 in following terms:

In terms of Rule 7(i) of Rajasthan Civil Services Medical Attendant Rules, 1979 and in accordance with the amended orders, sanction is hereby accorded in respect of Mr. Devi Singh S/o Shri Lal Singh, Manager, Circuit House, Jodhpur to go to Escort Heart Institute & Research Centre, New Delhi for C.A.B.C. on Patient''s request as he is suffering from C.A.D. But the financial entitlement equales to the expenditure occuring in S.M.S Hospital Jaipur because this facility is available in S.M.S. Hospital, Jaipur which is Rs. 50,000/- (Rs. fifty thousand only).

On the recommendation of the panel this is necessary for the recovery of the patient.

Under Rule 7(i)(e), one attendant is also allowed to accompany with the patient.

The petitioner undergone necessary surgery in the month of August 2004 and an amount of Rs. 1,93,040/- incurred therein. The petitioner by a letter dated 09.05.2005 made a request of reimbursement of a sum Rs. 1,04,432/- against the remaining part of medical expenses required to be paid to him as per the Rajasthan Civil Services Medical Attendants Rules, 1970.

The Assistant Secretary to the Government of Rajasthan, Department of General Administration (Gr.V) by order dated 28.01.2006 denied for reimbursement of the amount claimed on the count that nothing beyond a sum of Rs. 50,000/- can be reimbursed as that was the only amount sanctioned to undergo surgery at Escorts Heart Institute & Research Centre, New Delhi. Being aggrieved by the same this petition for writ is preferred.

The contention of learned Counsel for the petitioner is that the Escorts Heart Institute & Research Centre, New Delhi is a hospital enlisted by the Government of Rajasthan as recognized hospital, and therefore, the petitioner is entitled for reimbursement of medical expenses as per the provisions of Sub-rule (1) of Rule 7 of the Rajasthan Civil Services Medical Attendants Rules, 1970. It is also urged by learned Counsel for the petitioner that in the similar circumstances the Government of Rajasthan allowed medical expenses to Sh. Mitha Lal Mehta and Sh. Lalit Kothari, both the members of India Administrative Service and relying upon the payment made to above named two persons this Court also allowed reimbursement of medical expenses in the same terms to Smt. Harbir Kaur in Smt. Harbir Kaur v. State of Rajasthan and Ors., (reported in 2004 (4) WLL (Raj.) 685).

Per contra as per the respondents a sanction was granted by the competent authority for reimbursement of medical expenses only to the extent of Rs. 50,000/-, and therefore, the petitioner is not entitled for anything beyond that. It is also urged that the case of M/s. Mitha Lal Mehta & Lalit Kothari Cannot be compared with as they were members of Indian Administrative Service and their case was considered as per All India Service (Medical Attendants) Rules, 1954 read with Rules of 1990.

Heard counsel for the parties.

From the communication Annexure-5 dated 28.07.2004 though the respondents allowed a sum of Rs. 50,000/- only to the petitioner as medical expenses but they can not be treated as final as case of the petitioner is required to be settled as per terms of Rule 7(1) of the Rules of 1970. As per Rule aforesaid a government servant is entitled for reimbursement of medical expenses incurred in his treatment and in the present case claim of the petitioner is up to 80% total expenses. The facility of the surgery undertaken by the petitioner may have been available with the SMS Hospital, Jaipur but case of the petitioner was referred for surgery to Escorts Heart Institute and Research Institute, New Delhi by a competent medical board. Beside the above the case of the petitioner in no way can be distinguished with the case of M/s. Mitha lal Mehta and Lalit Kothari. The reference is given by the respondents about the Rules of 1954, but those no where support the case of the two officers Shom case is relied by the petitioner. As a matter of fact the issue involved in this petition for writ is squarely covered by the Division Bench''s judgment of this Court in the case of Smt. Harbir Kaur (supra).

Accordingly, this petition for writ is allowed. The petitioner is declared entitled for reimbursement of medical expenses in a tune of Rs. 1,04,432/-. The denial for the same under the letter dated 28.01.2006 is declared illegal.