CW 10241/07 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.10241/07 Kalyan Singh Versus State & Anr. DATE OF ORDER : 03/07/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Dr. Mahendra Singh, for petitioner Ms. Manju Dave, for respondents *** With the consent of parties, the matter is finally decided at the admission stage. Instant petition has been filed by a retired personnel claiming reimbursement of medical bills with regard to treatment of his wife which has been undertaken in the government SMS Hospital rejected by respondents on the premise that medical diary which is maintained by retired personnel has not been renewed before the treatment was undertaken in terms of Clause 11(i) (c) of Rajasthan State Pensioners Medical Concession Scheme. Petitioner retired from government service while holding the post of Dy.S.P. on 30th November, 1989. He became member of Rajasthan State Pensioners Medical Concession Scheme which is evident from Ann.1 and continuously got it renewed from time to time. Petitioner's wife because of certain ailment was admitted to SMS Hospital on 2nd September, 2003 and remained under treatment upto 15th September, 2003 and planted VVI Pacemaker which is evident from Ann.2 and the medical expenses incurred by him, details of which were duly verified by the medical authorities furnished for its reimbursement under CW 10241/07 [2] the Scheme [supra], but his claim for medical reimbursement was finally rejected by the respondents vide order Ann.6 on the premise that petitioner failed to renew its medical diary at the time of treatment which is one of the pre- condition for taking medical assistance in terms of Clause 11(i)(c) of Rajasthan State Pensioners Medical Concession Scheme. Counsel submits that petitioner being member of the Scheme consistently depositing the renewal fee after his retirement and in the instant case immediately after his wife was admitted to the hospital, renewal fee was deposited and accepted by the respondents on 8th September, 2003 and once while undergoing treatment, renewal fee was accepted by the respondents and at the stage when the medical bills for its reimbursement were furnished the petitioner was member of Scheme. As such, Clause 11(i)(c) will not come in his way as an impediment to deny his rightful claim for reimbursement of his medical bills to which he was otherwise entitled for. Respondents have filed reply to the writ petition and it has been averred throughout in the reply that petitioner failed to deposit the renewal fee, which is a pre-condition for an incumbent to avail the benefit of Scheme [supra]. In the absence whereof, no error has been committed by the respondents in rejecting his claim under order impugned. I have considered the submission of both the counsel and with their assistance perused the material on record. The fact remained uncontroverted that petitioner after retirement from service became CW 10241/07 [3] member of Rajasthan State Pensioners Medical Concession Scheme and continuously depositing the renewal fee so that benefit of Scheme can be continued to him along with family members who are dependent upon him. Basic object of the Scheme is to provide medical assistance to retired personnel and the persons dependent thereon. As per case set up by the petitioner renewal fee was deposited and accepted by the respondents on 8th September, 2003. Renewal fee is required to be deposited by the member of Scheme during the financial year and on its depositing it stands renewed for whole of the financial year which is contemplated under Clause 11(i)(c) of which reference has been made by the respondents in their reply. In the instant case, when the petitioner deposited the renewal fee and accepted by the respondents on 8th September, 2003 when his wife was under treatment, later on medical bills were also raised after the renewal fee was deposited by him. In such circumstances, there was no justification available for the respondents to reject his claim for reimbursement of medical bills in terms of Scheme [supra]. Accordingly, the writ petition stands allowed and the order impugned Ann.6 dated 29/5/04 stands quashed and set aside. Respondents are directed to make payment of medical bills furnished by petitioner within a period of three months from today in accordance with Scheme [supra]. No order as to costs. [AJAY RASTOGI], J. FRBOHRA10241CW2007 3--7.doc