CW 7253/07 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.7253/07 Smt. Nirmal Khatri Versus State & Ors. DATE OF ORDER : 21/11/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Himmat Singh Bikarwar, for petitioner Mr. S.S. Sharma, Govt. Counsel, for State *** Petitioner is a retried government servant and is a member of Rajasthan Pensioners Medical Concession Scheme. She went from Bharatpur to Noida to see her sister where she fell ill and looking to her severe condition, she was admitted in Metro Hospital, Noida and undergone Angioplasty and bye-pass surgery. After she was released/discharged from hospital, she submitted medical bills, which were rejected by respondents vide order Ann.4 dt.1st January, 2005. This controversy has been examined by the Division Bench of this court in State of Rajasthan Vs. Mithulal Gupta (Special Appeal (writ)-858/07 decided on 24th March, 2008) holding that if the treatment has been undertaken from the hospital being not approved/recognized by the CW 7253/07 [2] State of Rajasthan, she will be entitled for medical reimbursement as per rates fixed by the State of Rajasthan for government approved hospitals; and thus while dealing with such like controversy as in instant case, taking note of Para 4E of Pensioners' Medical Scheme, observed ad infra: “11. The Counsel for the respondent then submitted that in any case the petitioner was entitled to the reimbursement to the extent of Rs. 1,20,000/- as per the then existing rule 4B. Rule 4B provides the scale of assistance to the extent of 80% of hospital expenses or Rs. 1,20,000/- which is less in the case of bye-pass surgery if the treatment is taken in a Government hospital within the State of Rajasthan. The petitioner did not choose to avail of the specialised treatment in SMS Medical College and Hospital although angiography was done there but instead without any reference from that hospital went to Escort Hospital, New Delhi on his own. Having not chosen to have the specialisted treatment in a Government hospital within the State of Rajasthan, the scale of assistance provided in the para 4B of the Rules CW 7253/07 [3] for treatment in such hospitals cannot be applied. The case of petitioner is covered by para 4E of the Scheme and according to that provision, scale of assistance is limited to Rs.44,000/- being 80% of general award charges of All India Institute of medical Sciences, New Delhi.” In instant case, petitioner took treatment from Metro Hospital, Noida, which is not recognised hospital approved by Government. In view of judgment [supra], petitioner is entitled for reimbursement of her medical bills furnished by her, in terms of Rule 4-E of the Scheme. Consequently, writ petition stands allowed. Order (Ann.4) dt.1st January, 2005 rejecting claim of petitioner is hereby quashed and set aside. Respondents are directed to make payment of bills raised in terms of Rule 4E of the Scheme with interest @ 9% p.a., from the date of presentation of bills till actual payment. The respondents may ensure compliance of this order within two months. No order as to costs. [AJAY RASTOGI], J. FRBOHRA7253CW07 21-11medreim.doc