1 S.B.CIVIL WRIT PETITION NO.5380/2007 Kiffaytullah Khan v. State of Rajasthan & Anr. Date of Order :: 10th July, 2008 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. Javed Moyal, for the petitioner. Mr. P.K.Lohra, for the respondents. .... The petitioner, an employee of respondent Rajasthan State Road Transport Corporation, after undergoing by-pass surgery at Goyal Hospital & Research Centre Pvt. Ltd., claimed for the expenses incurred in treatment and the same was denied by the Corporation, hence this petition for writ is preferred. According to the petitioner under a communication dated 18.12.2006 he claimed an advance of Rs.50,000/- for undergoing by-pass surgery, however, before getting the same, he suffered from unstable angina/CAD/TVD with old inferior wall M.I., thus, he was admitted at Goyal Hospital & Research Centre Pvt. Ltd. on 13.2.2007. The condition of the petitioner was very serious and he was not in position to be shifted to SMS Hospital, Jaipur or to any other prescribed hospital, hence a by-pass surgery was made at the hospital where the petitioner was admitted. A 2 sum of Rs.1,30,000/- incurred in undergoing the by- pass surgery. The reimbursement of the same was denied by the Corporation on the count that Goyal Hospital & Research Centre Pvt. Ltd. is not enlisted as a recognised hospital. While claiming the reimbursement of the expenses incurred, the contention of counsel for the petitioner is that despite claiming an advance of Rs.50,000/- nothing was paid by the Corporation to the petitioner and in the month of February, 2007 he was left with no option but to go for Coronary Artery By- Pass in extreme emergent circumstances. It was not possible for the petitioner to move for by-pass surgery at any recognised hospital and this fact was certified by the hospital authorities vide the certificate dated 24.2.2007 (Anx.3). Per contra, the stand of the respondent Corporation is that as per the Rajasthan Civil Services (Medical Attendant) Rules, 1970, the petitioner would have been entitled for reimbursement of medical expenses only in the event of undergoing by-pass surgery at Government Hospital of the Government of Rajasthan or the hospitals recognised by the Government of Rajasthan. Heard counsel for the parties. 3 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 4 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 petitioner has undergone by-pass surgery at Goyal Hospital & Research Centre Pvt. Ltd., Jodhpur in emergent circumstances and, therefore, he is certainly 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 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. kkm/ps.