1 S.B. CIVIL WRIT PETITION NO.4030/2008. (VINOD KUMAR VS. STATE OF RAJASTHAN & ORS.) DATE OF ORDER : 11.11.2008. HON'BLE MR. GOVIND MATHUR, J. Mr. G.R,. Punia for the petitioner. None present for the respondents. For claiming reimbursement of medical expenses in a tune of Rs.1,09,961/- incurred in treatment of his father Late Shri Vijay Singh, this petition for writ is preferred by the petitioner. In brief, factual matrix of the case is that father of the petitioner Shri Vijay Singh Punia, while in service of the Government of Rajasthan as Senior Teacher, undergone treatment at Rajiv Gandhi Cancer Institute and Research Center, Delhi from 16.09.2000 to 23.01.2001. Shri Vijay Singh Punia died on 09.03.2001. The petitioner after death of his father submitted required medical bills and all other necessary documents to the competent authority to claim reimbursement of medical expenses incurred in treatment of his father. The Chief Accounts Officer (Secondary Education), Rajasthan, Bikaner under a letter dated 06.01.2005 referred case of the 2 petitioner to the Dy. Secretary to the Government of Rajasthan, Department of Education (Group II) with a recommendation to release the medical expenses as claimed. The Chief Accounts Officer specifically stated that the Rajiv Gandhi Cancer Institute and Research Center, Delhi is a recognized and enlisted hospital under Rajasthan Civil Services (Medical Attendance) Rules, 1970. It is stated by learned counsel for the petitioner that despite completion of all necessary formalities, no decision is yet taken by the respondents regarding reimbursement of medical expenses incurred in treatment of late Shri Vijay Singh Punia. It is pointed by learned counsel for the petitioner that the matter is pending before the respondents because of certain ministerial issues only. This Court by the order dated 07.07.2008, issued notices to the respondents as to why the petition for writ be not finally heard and accepted as prayed at admission stage. Despite service of notice, no body has put in appearance on behalf of the respondents. The resultant position is that I am having no option but to accept whatever stated in the petition for writ. As per the documents annexed with the writ petition, it is apparent that father of the petitioner late Shri Vijay Singh Punia remained an indoor patient at Rajiv Gandhi Cancer 3 Institute and Research Center at Delhi from 16.09.2000 to 23.01.2001. Ultimately he died on 09.03.2001. A detailed bill was submitted by the petitioner to the competent authority of the Department of Education claiming a sum of Rs.1,09,961/- as medical expenses incurred in treatment of late Shri Vijay Singh Punia, with an application for reimbursement of the same. The case of the petitioner was forwarded by the Chief Accounts Officer to the Dy. Secretary to the Government of Rajasthan, Bikaner for consideration of the State Government on 06.01.2005. Subsequent thereto, certain queries were made by the Accounts Officer from the school where father of the petitioner was working. Be that as it may, it is not in dispute that late Shri Vijay Singh Punia remained in indoor patient at Rajiv Gandhi Cancer Institute and Research Center at Delhi and a bill of medical expenses was submitted by the petitioner to the competent authority and that was referred for consideration to the State Government and till today no decision is taken by the respondents. The respondents, as per the Rules of 1970 are required to consider and reimburse the medical expenses incurred in treatment of a government servant. There is no just reason to deny the reimbursement of the medical expenses claimed by the petitioner in treatment of his father late Shri Vijay 4 Singh Punia, who was in employment of Government of Rajasthan and died while in service on 09.03.2001. For the reasons above, the petition for writ stands allowed. The respondents are directed to reimburse the amount of medical expenses claimed by the petitioner with interest @ 5.5% per annum within a period of three months from the date the petitioner serves a certified copy of this order upon the respondents Nos. 2 and 3. No order to cost. (GOVIND MATHUR)J. Anil/