1 S.B. Civil Writ Petition No.2662/2007 Suresh Chandra Dave Vs State of Rajasthan & Ors Date of order : 10.8.2009 HON'BLE MR. PRAKASH TATIA, J. Mr. Rajesh Shah, for the petitioner. Dr. GR Kalla, Government Advocate for the respondents. <><><> Heard learned counsel for the parties. The petitioner was posted as District Education Officer (Primary Education) Sirohi and was employee of the State. When the petitioner was posted as District Education Officer (Primary Education), Ajmer and in addition to this, he was holding the post of District Project Coordinator, Sarva Shiksha Abhiyan, Ajmer then he suffered heart ailment on 27.10.2005 and in emergent situation, he was admitted at JLN Hospital, Ajmer,which was a Government Hospital. Said hospital advised that petitioner may be shifted to the Santokba Durlabhji Hospital, Jaipur and subsequently, the JLN Hospital, Ajmer vide communication dated 22nd March, 2006 confirmed that petitioner was referred to another hospital because of the reason that medical facilities to treat the petitioner was not available in the JNL Hospital, Ajmer. 2 The petitioner's department vide communication dated 24th April, 2006 recommended for reimbursement of the expenses incurred by the petitioner for his treatment obtained from the Santokba Durlabhji Hospital, Jaipur. The respondents refused to reimburse the medical expenses vide communication dated 2.8.2006 on the ground that said hospital is private hospital and, therefore, the said amount cannot be reimbursed. Learned counsel for the petitioner relied upon the judgment of the Division Bench delivered in the case of Shanker Lal Vs. State of Rajasthan & Ors reported in 2000 (3) WLC (Raj.) 585 wherein even expenses incurred in hospital outside the Rajasthan were directed to be reimbursed to the petitioner of that case. It is submitted that in another writ petition being SBCWP No.2662/2007- Virendra Kumar Singhvi Vs. State of Rajasthan & Ors, decided on 23.1.2008 this Court following the judgment delivered in the case of Shanker Lal (supra) has allowed the aforesaid writ petition and when State perferred special appeal being DBSAW No.856/2008 – State of Rajasthan & Ors. Vs. Virendra Kumar Singhvi, the Divison Bench of this Court dismissed the same vide order dated 10.7.2009. 3 In view of the above, the issue is no more res-integra now and, therefore, looking to the facts of the case and emergent situation and the fact that even the Government Hospital, Ajmer itself has referred the case of the petitioner for treatment to another hospital and he was taken from hospital to hospital, therefore, the respondents cannot deny the reimbursement of expenses incurred by the petitioner for his treatment in emergent situation in Santokba Durlabhji Hospital, Jaipur. Consequently, the writ petition of the petitioner is allowed. The order passed by the State Government dated 2.8.2006 is set aside. The respondents are directed to make payment of the expenses incurred by the petitioner for his treatment for which he has already submitted the bills of Rs.2,02,559/- within a period of two months from today. [PRAKASH TATIA], J. cpgoyal/-