CWP 2825/07 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No. 2825/2007 Yogendra Kr. Sharma Versus State & (2) Ors Date of Order ::: 19/01/09 Hon'ble Mr. Justice Ajay Rastogi Mr. GK Garg & Mr.Vijay Jangid, for petitioner Mr. JK Agrawal, Addl. Govt. Advocate, for respondent-State. Petitioner while working as Medical Officer in Ayurveda Hospital, Kasar, Jhalawar Road, Kota sustained burn injuries due the acid having been thrown by one Ranjit Harijan on 05/11/04, thereby resulting into 50% burns on his back of head, neck, back & feet besides on some portions of his chest & hands. As alleged, in course of aforesaid incident of acid-throw, his condition became deteriorated so he was admitted in Emergency Ward of MBS Government Hospital, Kota but was referred to SMS Hospital, Jaipur where his relatives got him admitted on 06/11/04 where he remained indoor patient and got medical treatment but was discharged on 11/11/04 due to having no recovery of healing to burn injuries and therefore, was taken back to Kota and he was admitted in Alok Hospital, (Burn, Cosmetic & Plastic Surgery Centre), Kota on 14/11/04 in course whereof got medical treatment till discharge on 02/02/05 as CWP 2825/07 //2// is evident from discharge certificate dt.02/02/05 (Ann.2); in all incurred expenses of Rs. 1,76,330/- for which he raised claim of reimbursement as is evident from his applications (Ann.5, 6 & 10), but his medical bills were returned vide letter dt.30/11/06 (Ann.8) and his claim of reimbursement was rejected vide letter dt.12/01/07 (Ann.7) on the premise that the patient undertook treatment in private Hospital (supra) which is not recognized & approved by Government. Against which detailed application dt.23/03/07 (Ann.10) was also sent 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 Alok Hospital Kota, where he got surgically operated for his ailment of burn injuries as is evident from hospitals' documents (Ann.2, 3, 4 & 6) incurring expenses of Rs.1,76,322/- as per medical bills submitted to respondents vide documents (Ann.5, 6 & 10); as such in light of Rule 12 of Rules, 1970, medical bills are required to be reimbursed in his favour. In CWP 2825/07 //3// 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 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/ CWP 2825/07 //4// 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 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, petitioner sustained multiple blows in an incident of acid throw by some one causing multiple burn injuries, he was taken to the hospital in emergent situation and CWP 2825/07 //5// his condition became deteriorated, for which immediate medical-aid was required and was admitted in Alok Hospital, Kota to get him surgically operated and medically treated for his multiple burn injuries. 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. Letter of rejection dt. 12/01/07 (Ann.7) is hereby set aside. 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.5/2825CW07Rm12-19Jn.doc