1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR :::: ORDER Virendra Kumar Singhi vs State of Rajasthan & Ors. S.B. CIVIL WRIT PETITION NO.2661/2007 UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA. DATE OF ORDER :: 23rd January, 2008 PRESENT HON'BLE MR. PRAKASH TATIA, J. Mr.Rajesh Shah,for the petitioner. Mr.SN Tiwari, Dy. G.A. <><><> BY THE COURT : Heard learned counsel for the parties. The petitioner is a School Lecturer posted at Government Higher Secondary School, Sirohi. He after obtaining the headquarter leave went to Hyderabad to meet his brother-in-law on 6.6.2001. On 15.6.2001 petitioner suffered heart attack at Hyderabad and was immediately taken to Apollo Hospital in emergency. The petitioner was advised to go for bye pass surgery in order to save his life and on the same day, operation was performed upon the petitioner of bye pass surgery. The petitioner had to pay about Rs.1,70,000/- for taking treatment at Apollo Hospital, Hyderabad. The petitioner applied for reimbursement of his medical bill on 14.8.2001. The 2 matter was forwarded to the Directorate, Secondary Education. The reminder was sent on 2.1.2002 then matter was received from the office of Directorate, Secondary Education with the remarks that the Rule 6 (1) of the Rajasthan Civil Services (Medical Attendance) Rules, 1970 (hereinafter referred to as the Rules of 1970) is the rule governing the issue and, therefore, act according to the Rule 6(1) of the Rules of 1970. The petitioner's matter remained for decision and during this period, it was inquired from the All India Institute of Medical Science, New Delhi that what could be the expenditure for such operation. The said institute also gave information about the expenditure which is required for such operation. This information was forwarded to the higher authorities, but matter remained pending and another query was raised that how much could be the expenditure in the Swai Man Singh Hospital, Jaipur in such type of operation. Said estimate was also obtained by the employer-respondents. The petitioner time and again requested for reimbursement of the medical bill and ultimately, served notice upon the respondents through his advocate on 22.2.2007. When petitioner did not get the relief, he has preferred this writ petition. In reply to the writ petition, it is stated that the petitioner can be given reimbursement of the 3 expenditure to the extend of expenditure which is required for getting the treatment in the hospital in Rajasthan State. Learned counsel for the petitioner relied upon various judgments including the judgment of the Hon'ble Supreme Court delivered in Surjit Singh Vs. State of Punjab & Ors reported in AIR 1996 SC 1388, Division Bench judgments delivered in the case of Ashok Bapna Vs. State of Rajasthan reported in 2004 (3) WLC (Raj.) 19 and Kendriya Vidyalaya Sangathan & Ors vs. The Central Administrative Tribunal Bench Jodhpur & Anr reported in 2005(7) RDD 2360(Raj.) and the judgment of the single bench of this Court delivered in the case of Kailash Prasad Gupta Vs. State of Rajasthan & Ors reported in RLR 2005(2) 436. It appears from the above said judgments that the controversy stand decided by the Hon'ble Apex Court as well as by this Court in various judgments and it has been held that reimbursement of medical expenses at the rate of private institution is allowable to the Government servant and Government cannot insist an employee to get himself treated at a recognized Government institution and claim rates prevailing there. In almost identical circumstances, this Court allowed the total medical reimbursement to the employee in the judgments referred above. Learned 4 counsel for the petitioner also submitted that the Apollo Hospital, Hyderabad is the hospital in the approved list of the State Government. In view of the above reasons, the writ petition of the petitioner deserves to be allowed, hence, allowed and the respondents are directed to make payment of medical bill of the petitioner for the operation and the treatment of the petitioner in Apollo Hospital, Hyderabad within a period of one month from today. (PRAKASH TATIA), J. c.p.Goyal/-