1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.5818/07 Ganga Sahay Meena vs. The Secretary, Medical & Health, Government of Rajasthan & Anr. Date of order : 21/8/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri G.C. Saini for the petitioner. Shri B.L. Avasthi, Addl. Govt. Counsel for the respondent. ****** This writ petition has been filed by a low paid class IV employee with the request that the respondents be directed to reimburse the amount of the medical expenses incurred by him for his tests prescribed by Dr. Hemant Malhotra, Oncologist of SMS Medical College, Jaipur. The Registrar, Rajasthan High Court duly forwarded the medical bills of the petitioner to the respondents for reimbursement. The Law Secretary, Department of Law, Jaipur by its letter dated 5.12.06 however conveyed that the case of the petitioner would be considered for relaxation in terms of Government Circular dated 9.1.06. The Registrar General of Rajasthan High Court, Jodhpur on a reference from Government 2 enquired from the Dy. Registrar (Admn.) whether the medical tests conducted on the petitioner are available in SMS Medical College Hospital, Jaipur and if so, what is the rate prescribed for such tests in that hospital. The Dy. Registrar in his letter dated 23.8.2006 conveyed that these tests are not available in SMS Medical College Hospital, Jaipur and that it was for this reason that the petitioner had to get these tests conducted in Patient Care Business Associate, a private diagnosis centre at Jaipur, after obtaining non-availability certificate. Shri G.C. Saini, learned counsel for the petitioner has argued that the petitioner is having blood cancer and the tests which were advised by Dr. Hemant Malhotra were not available in the SMS Medical Hospital. He is low paid employee working on the post of Class IV and that he was therefore advised the medical tests of BCR/ABL by RT.PCR. Shri B.L. Avathi, learned Additional Government Counsel opposed the writ petition and submitted that Rajasthan Civil Services (Medical Attendant) Rules 1970 do not 3 provide for the reimbursement of the medical tests got conducted from private agency. Since number of such cases were received, the Finance Deptt. of the Government by its Circular dated 9.11.06 has provided for relaxation of the Rules in the matter of reimbursement of such bills on the condition of producing non availability certificate from the Government Hospital / Medical Relief Society and in that event, 60% of the amount of the bill or a sum of Rs.500/-, whichever is less, is sanctioned towards reimbursement of the bills. Learned counsel however could not give a satisfactory answer to the question that when the Medical Oncologist of the SMS Hospital, Jaipur has himself advised the tests in question and that when these tests are not available in the SMS Medical Hospital, Jaipur, why the petitioner should not be paid the expenses incurred by him, particularly when he is a low paid employee working as a peon and is covered by Rajasthan Civil Services (Medical Attendants) Rules, 1970. If what the respondents is contending is accepted, as against the actual expenses of Rs.11,250/-, 4 the maximum payable amount to the petitioner would be only Rs.500/-. The Medical Oncologist of the Government Hospital if considered such tests necessary for a patient having dangerous disease like blood cancer, the Government cannot shirk its liability to foot the bill if it is not able to provide for such medical tests in its own hospitals. In the result, this writ petition is allowed. The respondents are directed to reimburse the amount of Rs.11,250/- to the petitioner within a period of two months from the date copy of this order is produced before them. (MOHAMMAD RAFIQ), J. RS/