1 S.B. Civil writ petition No. 6569/2009 Laxman Singh vs State of Rajasthan & Ors. Date of Order: 19.3.2010 HON'BLE MR. PRAKASH TATIA, J. Mr.Anil Kaviraj,for the petitioner. Mr. KK Bissa for the respondents. <><><> Heard learned counsel for the parties. The petitioner undergone bye-pass surgery in Apollo Hospital, New Delhi after obtaining the certificate on 10.1.2008 that facility of Coronary Artery Bye-pass surgery is not available in the MG/MDM Hospital, Jodhpur. The petitioner has placed on record the certificate. The petitioner contended that it was a case of emergency and therefore, he had no option but to get the operation completed. The petitioner was discharged from the hospital on 24.1.2008, but petitioner's medical reimbursement bills has not been cleared nor has been rejected, therefore, direction may be issued to the respondents to pay the medical reimbursement. The respondents submitted reply to the writ petition and relied upon para no.4E of the Rajsthan State pensioners Medical Concession Scheme wherein it is provided that if the employee wants to take treatment then it is required to be taken treatment from recognized hospital and in a case of 2 emergency only, the medical facility can be availed from AIIMS, New Delhi. However, both the parties relied upon the judgment of the Division Bench of this Court delivered in State of Raj. & Anr Vs. Mittu Lal (DB Special appeal No.858/2007, decided on 24.3.2008) wherein the mater was considered by the Division Bench of this court in detail. It was a case of bye-pass surgery in emergency situation and in terms of the judgment referred above dated 24.3.2008 as well as the judgment of this court delivered in the case of KK Bansal Vs. State of Rajasthan & ors reported in 2003(3) WLN 112, therefore, this writ petition is allowed with the direction to the respondents to pass the medical reimbursement bills of the petitioner in the light of the decisions referred above within a period of two months from the date of receipt of copy of this order. [PRAKASH TATIA], J. cpgoyal/-