1 S.B.CIVIL WRIT PETITION NO.1905/2008 Jagdish Panwar Vs. R.S.R.T.C. & Ors. Date of Order :: 5.11.2008 HON'BLE MR. JUSTICE GOVIND MATHUR Mr DLR Vyas, for the petitioner. Mr P.K. Lohra, for the respondents. ... On being suffered with cardiac ailment, the petitioner's wife Smt. Sushila undergone Angiography at Mathura Das Mathur Hospital, Jodhpur on 13.12.2006. A blockage of arteries up to 95% was found, thus, Smt. Sushila was taken to Goyal Hospital and Research Center, Jodhpur immediately for Bye-pass Surgery. For the Bye-pass Surgery expenses in a tune of Rs.1,30,000/- incurred. The respondent- Corporation denied reimbursement of medical expenses on the count that Goyal Hospital and Research Center is not a hospital enlisted with the Corporation as a recognised hospital. Being aggrieved by the same this petition for writ is preferred. A reply to the writ petition has been filed on behalf of the respondents stating therein that as per the Rajasthan Civil Services (Medical Attendance) Rules, 1970 the petitioner is not entitled for reimbursement of medical expenses as the Goyal Hospital and Research Center is not an approved hospital/institution. 2 A Division Bench of this Court in Anil Kumar Surolia v. State of Rajasthan & Ors., reported in 2005(3) WLC (Raj.) 396, while dealing with the similar controversy, as involved in the present petition, held as follows:- “In emergent situation thus it is not incumbent for a patient to obtain medical treatment only in approved hospitals of the Government. We would have discussed the matter in further details as per provisions of the Rajasthan Civil Services (Medical Attendant) Rules but it is conceded during the course of arguments that if the petitioner was to obtain medical treatment at SMS Hospital at Jaipur or other government approved hospitals in the State of Rajasthan, he would have been paid the same amount for the treatment he ultimately go from Krishna Heart Institute. If that be a fact, and which as mentioned above is conceded, we are of the view that the stand taken by the State Government is obdurate and wholly uncalled for. We could imagine if perhaps the petitioner had spent far more and was claiming the same while getting treatment in a non-approved hospital. Government in any case had to pay the same amount spent by the petitioner at Krishna Heart Institute even if the petitioner was to get treatment in SMS Hospital or other approved hospital in the State of Rajasthan. This Court cannot but depricate the attitude of the Government in rejecting justified claims in teeth of the recommendations made by this Court. Registrar General of this Court indeed supported the cause of the petitioner but the favourable recommendation made by this Court have been turned down on wholly untenable grounds.” In the instant matter too the wife of the petitioner has undergone by-pass surgery at Goyal Hospital & Research Centre Pvt. Ltd., Jodhpur in emergent circumstances and, therefore, the petitioner is certainly 3 entitled for reimbursement of medical expenses equivalent to the amount for which he would have been entitled by undergoing by-pass surgery at a Government Hospital or at a hospital recognised by the Government of Rajasthan. Accordingly, this petition for writ is allowed. The respondents are directed to reimburse the medical expenses incurred by the petitioner in undergoing by-pass surgery of his wife at Goyal Hospital & Research Centre Pvt. Ltd., Jodhpur that is equivalent to the amount for which the petitioner would have been entitled on undergoing by-pass surgery at a Government/recognised hospital. (GOVIND MATHUR), J. Jgoyal '