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Judgment
Heard learned counsel for the parties.
While working as Sub Divisional Magistrate in the State of Rajasthan, the respondent fell ill on 12.05.2006 and was admitted in a local Government
Hospital at Sirohi, where from he was discharged on 15.05.2006 without further reference to any other hospital. He went to his home town in Agra
after availing leave and in the intervening night of 8th & 9th June, 2006 suffered a cardiac problem. His family rushed him to All India Institute of
Medical Sciences, New Delhi where he underwent Angioplasty. Two stents were inserted. Total bill raised by All India Institute of Medical Sciences
is ₹ 2,73,887/-. The State of Rajasthan only offered ₹ 75,000/-. The respondent did not accept the same. He filed a writ petition. Under an interim
order, ₹ 1,10,000/- was paid. Vide order impugned dated 03.04.2014 full amount has been directed to be paid.
The issue has to be decided as per the Rajasthan Civil Services (Medical Attendance) Rules, 1970. Rule 6Â reads as under:
“6. Medical attendance and treatment outside Rajasthan.-[(1) A Government servants including members of his family posted to a station or sent
on duty or spending leave or otherwise at a station outside Rajasthan in India and who falls ill shall be entitled to free medical attendance and
treatment as an indoor and outdoor patient in a Hospital maintained by the Central Government or other State Government on the scale and conditions
which would be admissible to him under these rules, had he been on duty or on leave in Rajasthan.
(2) For the purpose of this rule ""Authorised Medical Attendant""in respect of a Government servant or class of Government servant at a station outside
Rajasthan shall mean an officer of Medical Department of Central or other State Government (as the case may be) on duty in a Government Hospital
or Dispensary at that station.
(3) The charges paid by the Government Servant posted atDelhi to the following private hospitals/clinics for X-Ray, Pathological, Bacteriological,
Radiological tests and other kind of investigations which are considered necessary by the doctor of the State Government posted in Delhi, shall be
reimbursed:-
Sunderlal Jain Charitable Hospital, Ashok Vihar,
Massonic Charitable Polyclinic, Janpath, and
Sir Gangaram Hospital, Rajendra Nagar.]â€
Rule 7 reads as under:-
“7. Treatment of a disease for which treatment is not available in the State. - (1) A Government servant and the members of his family suffering
from a disease for which treatment is not available in any Government hospital in the State shall be entitled to medical attendance and treatment to the
extent indicated in sub-rule (2) of this rule in a Hospital/Institution outside the State recognised by the Government, provided that it is certified by the
Principal of a Medical College/Director of Medical & Health Services on the basis of opinion of the Authorised Medical Attendant to the effect that
the treatment of a particular disease from which the patient is suffering is not available in any Government Hospital in the State and it is considered
absolutely essential for the recovery of the patient to have treatment at a hospital outside the State.
(2) The following charges / expenses shall be reimbursable:-
(a) Cost (including Sales Tax) of Allopathic Drugs, Medicines,Vaccines, Sera or other therapeutic substances reimbursable under these rules.
(b) Sums actually paid to the Hospital/Institution on accountof medical attendance and treatment including charges for surgical operations and ordinary
nursing facility.
(c) Travelling allowance for journey by rail/road from dutypoint at the station at which the patient falls ill to the place of treatment outside the State
and back to a single fare of the class to which his classification entitles him under Rajasthan Travelling Allowance Rules. Such travelling allowance
shall also be admissible for an attendant, if the Authorised Medical Attendant certifies in writing that it is unsafe for the patient to travel unattended
and that an attendant is necessary to accompany the patient to the place of treatment and back.
(3) The facility of medical attendance and treatment in thetype of cases mentioned in sub-rule (1) can be had at any of Hospitals/Institutions
mentioned in Appendix 11.
(4) For the purpose of reimbursement, the original receiptsissued by such Hospital/Institutions and vouchers of medicines etc. shall be countersigned
by the Authorised Medical Attendant of Government Hospital on whose advice the treatment outside the State was undertaken.
[7A. Grant of advance for medical attendance and treatment outside the State. â€
 (1) A Government servant and member(s) of his family, who are entitled to free medical attendance and treatment outside the State in terms of
Rule 7 may be granted advance equivalent of the amount considered sufficient for the required medical attendance and treatment by the Principal of a
Medical College or the Director, Medical & Health Services or Rs. 5,000/- whichever may be the less. The estimated amount of reimbursable
expenditure on medical attendance and treatment outside the State should invariably be indicated in the certificate to be given by the Principal or the
Director, Medical and Health Services.
(2) The advance shall be sanctioned by the Head of Officekeeping in view the estimated amount of expenditure indicated in the certificate or the
pecuniary limit mentioned in sub-rule (1).
(3) The advance shall be debited to head of account to whichpay and allowances of the Government servant are debited.
(4) (i) Once an advance has been sanctioned, further advance shall not be allowed until the medical reimbursement claim(s) to the extent of amount of
previous advance has been submitted for adjustment.
(ii) The entire amount of advance shall finally be adjusted against the due medical reimbursement claim under these rules not later than the expiry of a
period of one month from the date of release of the patient from the hospital. The unspent amount of advance, if any, shall invariably be paid in
cash.]â€
Suffice to highlight that as per sub-rule (1) of Rule 6, a government servant in the State of Rajasthan if on leave visits a station outside Rajasthan
and falls ill, he would be entitled to free medical attendance and treatment either as an indoor or outdoor patient in a hospital maintained by the Central
Government or other State Government on the scale and conditions which would be admissible to him under the rules, had he been on duty or on leave
in Rajasthan.
Now, the respondent undertook treatment at a hospital established by the Central Government.
As per sub-rule (2) of Rule 7, reimbursement has to be made for cost of drugs and medicines and such sums actually paid to the hospital or an
institution where the person was admitted.
In view of clear language of Clause-b of sub-rule (2) of Rule 7, there cannot be any capping under executive instructions for reimbursement where
claim is for actual money paid to the hospital established by the Central Government.
Thus, we find no merit in the appeal and uphold the impugned decision dated 03.04.2014.