1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.9521/2005. : : Smt. Omwati Vs. State of Rajasthan & Ors. : : Date of Order 23.3.2009 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. N.K.Singhal for the petitioner. Mr. Pradeep Kalwania, Addl.Govt.Counsel for the State. Heard learned counsel for the parties. 2. This writ has been filed by widow of late Shri Dev Pal Singh, who was serving the respondents-Government of Rajasthan in Medical & Health Department, Jaipur as UDC. While serving the respondents, late husband of the petitioner died on 8.4.2004 at village Dhorru, Chandpur, District Aligarh. 3. Shri N.K.Singhal, learned counsel for the petitioner submitted that late husband of the petitioner has developed cancer and while he was in Delhi in an emergent circumstances he had to be hospitalized in Rajiv Gandhi Cancer Institute & Research Center, Delhi because he started bleeding from tonsillar side. On examination, it was found 2 that he had a slough out Alsar in the tonsillar reason including ant. Tonsillar pillar (left) on the side which was bleeding slowly and treatment was given. He was treated in that hospital from 30.6.2003 till 15.7.2003. A total sum of Rs.1,15,919/- was paid by the petitioner towards expenses of her late husband when he was discharged on 15.7.2003. He was brought back to his native place at village Dhorru, Chandpur, District Aligarh where his breath has lost on 8.4.2004. It was submitted that her late husband during his life time submitted medical bills along with application to the authorities concerned. Such bills were forwarded by Additional Chief Medical and Health Officer, Bharatpur to Additional Director, Administration, Medical & Health Service, Rajasthan by letter dated 28.10.2003. After the death of her late husband, petitioner also submitted application for reimbursement of the same. The Deputy Secretary of the Government of Rajasthan sanctioned only Rs.35,108/- against the total amount of Rs.1,15,919/- without assigning any reason. Learned counsel has referred to notification dated 17.7.2000 whereby Rajasthan Civil Services (Medical Attendance) Rules, 1970 was amended so as to include Rajiv Gandhi Cancer Institute & Research Centre, Delhi at Item No.13 in Apendix-11 as one of the referred hospital. It was 3 contended that action of the respondents in refusing to make payment of the expenses incurred by petitioner in treatment of her husband on the premise that such treatment could be taken only in SMS Hospital, Jaipur is wholly illegal and arbitrary inasmuch as SMS, Hospital was not in a position to provide such specialized treatment to the patients of cancer whereas Rajiv Gandhi Cancer Institute & Research Centre, Delhi is one such primary institute, which has been settled exclusively for treatment of cancer. 4. Notice of the writ petition was issued when it was admitted on 3.12.2005 and it was immediately thereafter served on the respondents in the month of March, 2006 as would be evident from receipts on record, but so far no reply to the writ petition has been filed and learned Additional Government Counsel has again insisted for granting adjournment on this ground. 5. The respondents cannot deny that Rajiv Gandhi Cancer Institute & Research Centre, Delhi is one of the recognized and referral hospital for patient of cancer under the scheme of Rajasthan Civil Services (Medical Attendance) (Amendment) Rules, 2000. In view of the fact that petitioner 4 has specifically contended about recommendation of Rajiv Gandhi Cancer Institute & Research Centre, Delhi and has even reproduced the notification dated 17.7.2000 in ground (c) of the writ petition and also produced copy of such recommendation for perusal of this Court and that Rajiv Gandhi Cancer Institute & Research Centre, Delhi being a hospital where treatment of cancer is permitted for government servants, action of the respondents in refusing to reimburse the actual expenses incurred by the petitioner on treatment of her late husband cannot be sustained. In the result, this writ petition is allowed. The respondents are directed to pay to the petitioner differential amount of Rs.1,15,919/- and Rs.35,108/- together with interest @ 6% per annum from the date copy of this judgment produced before the respondents. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.16.