[1] SBCWP 5/2008 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CIVIL WRIT PETITION NO. 5/2008 LAXMI DHAR SHARMA Vs. STATE OF RAJ. & ORS. Date: 02.02.2009. HON'BLE MR. JUSTICE K.S. RATHORE Mr. Rakesh Kr. Sharma, Advocate for the petitioner. Mr. N.A. Naqvi, Addl. Advocate General for State. **** Having heard rival submissions of the respective parties, the application Inward No. 1742/2009 for early listing of the writ petition stands allowed. At the request of the parties, the matter is heard finally at this stage. Heard learned counsel for the petitioner as well as learned Additional Advocate General appearing on behalf of the State. As per the petitioner he retired from service while working as Inspection Grade-I on attaining the age of superannuation on 31.03.2003 and being a retired Govt. servant, he is entitled to get medical reimbursement under the provisions of Rajasthan State Pensioners Medical Concessional Scheme. On 22.10.2007 the petitioner suddenly fell ill and was advised to undergo angiography and was admitted in SMS Hospital, but angiography was not done in the SMS Hospital immediately and, therefore, he was taken to Tongia Hospital, Jaipur, where [2] SBCWP 5/2008 angiography was done looking to the serious condition of the petitioner on 23.10.2007. As per the petitioner, he incurred an expenditure of Rs. 1,82,419/- in his medical treatment and submitted medical bills to the tune of Rs. 1,82,419/- for reimbursement, but the same has been refused on the ground that the petitioner was not treated in the Govt. hospital. As per the settled preposition of law as held by the Division Bench of this Court in the case of State of Rajasthan & Others Vs. Surendra Kumar Kalra, reported in 2008(2) WLC(Raj.) 430, wherein the Division Bench has held that the writ petitioner is entitled to the reimbursement at the rates applicable in the government recognised hospital. In view of the ratio decided by the Division Bench of this Court in the case of Surendra Kumar Kalra (supra), the present writ petition is allowed and the respondents are directed to reimburse the medical bills submitted by the petitioner at the rates applicable in the government recognised hospital for angiography. If the medical bills submitted by the petitioner exceeds the rates of the recognised/approved government institutions/ hospitals, it is needless to say that his claim shall be restricted to such rates i.e. the claim shall be restricted to the rates prescribed by the government recognised hospital and if the medical bills submitted by the petitioner are less than the [3] SBCWP 5/2008 rates that are applicable to the treatment at the recognised/approved government institution/ hospitals, the petitioner shall be reimbursed all the medical bills as submitted by him. (K.S. RATHORE),J. /KKC/