CWP 7826/06 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No. 7826/2006 Mahendra S. Rana Versus State & (2) Ors Date of Order ::: 10/12/08 Hon'ble Mr. Justice Ajay Rastogi Mr. Mukesh Agrawal, for petitioner Mr. Sandeep Mathur for Mr. Inderjeet Singh, for respondent No.2 Mr. JK Agrawal, Addl. Govt. Advocate, for respondent-State. Petitioner while working as Lower Division Clerk in Krishi Upaj Mandi Samiti (respondents' Office) visited place of in-laws of his daughter in village Garh Umrao district Hathras (UP), alongwith his family members. As alleged, during journey, he felt acute stomach pain and after reaching the village (supra), his condition became deteriorated so his relatives got him admitted in Asopa Hospital & Research Centre, Gailana Road, Agra (UP) on 16/09/05 where he remained indoor patient and got medical treatment in course whereof, he was surgically operated on 17/09/05 & 22/09/05; and was discharged from hospital as is evident from discharge certificate dt.02/10/05 (Ann.1); in all incurred expenses of Rs.61,617/- for which he raised claim of reimbursement as is evident from his application dt.26/03/06 (Ann.3) and since no action was taken, he got legal notice (Ann.4) CWP 7826/06 //2// served and thereafter approached this Court by way of instant petition. Counsel for petitioner submits that there was an emergency and critical condition of petitioner and as per diagnosis report, he was subjected to emergency requiring surgical operation at the earliest possible, in such circumstance, it was decided to get him admitted in Asopa Hospital Agra, where he got surgically operated for his ailment as is evident from certificate (Ann.1) incurring expenses of Rs.61,617/- as per medical bills submitted to respondents; as such in light of Rule 12 of Rules, 1970, medical bills are required to be reimbursed in his favour. In support, Counsel placed reliance upon decision of this Court in State of Rajasthan Vs. Surendra K. Kalra (Special Appeal (Writ)-1276/06 decided on 17/01/08) (2008 (2) WLC 430). Respondent's Counsel submits that petitioner got surgically operated in a hospital being not recognised/approved by Government, medical bills are not reimbursable under Rajasthan Civil Services (Medical Attendance) Rules, 1970 (“Rules, 1970”). I have considered contentions of both the CWP 7826/06 //3// parties and with their assistance, examined material on record. As regards medical bills reimbursement, Apex Court in State of Karnataka Vs. R.Vivekananda Swamy (2008(3) SCC 328) and State of Rajasthan Vs. Smt. Savitri Upadhyay (Appeal (Civil) 2336/08 decided on 01/04/08) while examining similar controversy, observed ad infra: “18. In view of the aforementioned settled principles of law there cannot be any doubt that the Rules regarding reimbursement of medical claim of an employee when he obtains treatment from a hospital of his choice can be made limited. Such a rule furthermore having been framed under the proviso to Article 309 of the Constitution of India constitutes conditions of service in terms whereof on the one hand the employee would be granted the facility of medical aid free of cost from the recognized government hospitals and on the other hand, he at his opinion, may get himself treated from other recognised hospitals/ institutions subject of course to the conditions that the reimbursement by the State therefor would be limited.” Division Bench of this Court has examined scheme of Rules, 1970 in State of Rajasthan Vs. Surendra K. Kalra (supra) wherein it has been observed that in an emergent situation, the Government cannot insist upon CWP 7826/06 //4// servant to get himself treated at Govt. recognised institution/hospital. Division Bench of this Court (Per Hon. RM Lodha, J.) observed : “17. That the respondent (writ petitioner) is entitled to the reimbursement at the rates applicable in the Government recognised hospital is clearly established. However, we find that the Single Judge has directed the reimbursement to the respondent (writ petitioner) as per the bills submitted by him. This direction needs clarification. If the medical bills submitted by the writ petitioner exceeds the rates of the recognised/ approved Govt institutions/hospitals, needless to say that his claim shall be restricted to such rates. On the other hand, if medical bills submitted by the writ petitioner are less than the rates that are applicable to the treatment at the recognised/approved Government institutions/hospitals obviously the writ petitioner shall be reimbursed all the medical bills submitted by him.“ Thus, issue raised in instant case is no longer res integra. In instant case, once petitioner while on way to village Garh Umrao District Hathras (UP) alongwith family members felt acute stomach pain and his condition became deteriorated, for which immediate medical aid was required and was admitted in Asopa Hospital, Agra to get him CWP 7826/06 //5// surgically operated. In view of material on record, emergent condition of petitioner cannot be doubted and in such circumstances, State Government ought to have exercised powers U/r 12 of Rules, 1970 by allowing claim for reimbursement of medical bills at the rates approved for Government recognised hospitals. Consequently, writ petition succeeds and is hereby allowed. However, petitioner is held entitled for reimbursement of medical bills at the rates applicable in the Government recognised hospital (SMS Hospital, Jaipur) alongwith interest @9% per annum from the date medical bills were submitted till actual payment. All exercise in compliance of this order, be completed within three months. No costs. (Ajay Rastogi), J. K.Khatri/p.5/7826CW06Rm12-1012.doc