CWP-9013/2007 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. S.B.CIVIL WRIT PETITION NO.9013/2007 Ashok Kumar Sharma Vs.The State of Raj. & ors. DATE OF ORDER : 29/11/2010 HON'BLE MR. JUSTICE AJAY RASTOGI *** Mr.Ishwar Tiwari, for petitioner Mr.MF Baig, DGC, for respondents The petitioner, who is serving as Medical Officer, suffered with chest pain on 19/11/2006 and was immediately shifted to Shri KM Memorial Jail Heart & General Hospital, Sikar where he was admitted in ICU and when his condition became deteriorated, his family members shifted him to Santokba Durlabhji Memorial Hospital, Jaipur and the concerned cardiologist, after examining the petitioner, found that there was proximal lad 80-85% and mid lad 90% stenosis and was accordingly advised angioplasty which was carried out on 25/11/2006. The petitioner, after being discharged, submitted medical bills claiming reimbursement of the amount of Rs. 2,34,700/-which he incurred in the said treatment, however, the same was not accepted by the respondents on the premise that Santokba Durlabhji Memorial Hospital, Jaipur is not a recognized/approved hospital. Counsel submits that the controversy raised has been settled by the Division Bench in the CWP-9013/2007 2 case reported in 2008(2)WLC 430 in which the Division Bench has observed as under;- “That the respondent (writ petitioner) is entitled to the reimbursement at the rates applicable in the government recognized 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 recognized/approved government 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 recognized/approved government institutions/hospitals, obviously, the writ petitioner shall be reimbursed all the medical bills as submitted by him.” It has not been disputed by counsel for respondents that the issue raised in the instant petition has been decided by the Division Bench. In the light of the judgment referred to supra, the instant petition stands allowed. The present petitioner is held entitled to the reimbursement of his medical bills at the rates applicable in the Government recognized CWP-9013/2007 3 hospitals in terms of the observations made by the Division Bench (supra). The respondents shall ensure compliance with three months. [AJAY RASTOGI], J. Raghu/p.3/ 9013-WP-2007-Final.doc