1 S.B. CIVIL WRIT PETITION NO.463/2007. (BHANWAR LAL VS. STATE & ORS.) DATE OF ORDER : 05.05.2008. HON'BLE MR. GOVIND MATHUR, J. Mr. B.S. Charan for the petitioner. Mr. Shyam Ladrecha for the respondents. The petitioner - an employee in the Department of Education suffered from serious consciousness and in emergency of consciousness, the petitioner was taken to Government Hospital at Jodhpur, where he was advised to undergo immediate surgery of revascularization. The facility aforesaid was not available at Government Hospital, therefore, the petitioner was admitted at Escorts Goyal Heart Centre for heart surgery on 23.08.2004. An immediate Coronary Angiography was made on 26.08.2004, wherein an expenses of Rs.1,31,942/- was incurred. The petitioner claimed for reimbursement of the same, but of no consequence, hence this petition for writ is preferred. In reply to the writ petition, it is stated by learned counsel for the respondents that as per the Rajasthan Civil Service (Medical Attendance) Rules, 1970, the petitioner is 2 entitled only for reimbursement of a sum of Rs.35,000/- on account of medical expenses at Sawai Mansingh Hospital, Jaipur. This Court in the case of Thomas T vs. State of Rajasthan and others (SBCWP No.3749/2006) decided on 14.09.2006 held that “when a government servant is having no option but to take immediate treatment, even at a hospital other than the hospital referred in approved list, he is entitled to reimbursement of complete medical expenses. While taking the same view, this Court in the case of Mandal Dutt Purohit vs. State of Rajasthan and others (SBCWP No.5683/2005 decided on 03.10.2006) held as follows:- “It is not at all disputed that the petitioner has undergone an angiography and cardiac artery bypass at Goyal Hospital & Research Centre Pvt. Ltd., Jodhpur on 9.9.2004. The petitioner on facing an acute cardiac pain was admitted to the hospital concerned on 4.9.2004 and under a competent medical advice he was subjected to emergent angiography and coronary artery bypass. In such crucial circumstances the petitioner was having no option but to undergo the treatment wherever the treatment was available at earliest. It shall be highly unjust to expect from a person battling for life to proceed for a hospital recognised by the Government of Rajasthan for getting the 3 medical expenses reimbursed. The prime consideration in such situation is to bring the life in safe zone, beyond the cost consideration. The government has provided statutory medical benefits including reimbursement of expenses incurred in treatment. The main object behind it is to extend a helping hand to its employees suffering ailment, the place of treatment is a secondary consideration. If the reimbursement is made absolutely dependent to the place of treatment then it shall not only be arbitrary but shall also be contrary to the fundamental right for protection of life.” In the instant matter, the petitioner was first admitted in the government hospital and due to non-availability of adequate treatment, he was admitted to Escorts Goyal Heart Centre, Jodhpur. Looking to the emergent circumstances, angiography was made, wherein a sum of Rs.1,31,942/- was incurred as expenses. The petitioner, therefore, is certainly subjected to Cardiac Surgery in exceptional emergent circumstances and that warrants reimbursement of complete medical expenses. Accordingly, this petition for writ is allowed. The respondents are directed to reimburse the complete medical 4 expenses incurred by the petitioner undergoing Cardiac Surgery on 26.08.2004 at Escorts Goyal Heart Centre, Jodhpur. The reimbursement of medical expenses are required to be made within a period of three months from today. (GOVIND MATHUR)J. Anil/