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2005 DIGILAW 412 (RAJ)

Dr. Vinay Kumar Sharma v. State of Rajasthan

2005-02-09

ASHOK PARIHAR

body2005
JUDGMENT 1. - Petitioner has prayed for interest on retiral benefits as already allowed by this court in SB Civil Writ Petition No. 5551/1997, decided on 18.9.2002, as also medical reimbursement of bills for his heart operation done at the Tongya Heart & General Hospital, Jaipur. Notices were issued on 20.7 2004. The same were duly received by the respondents in July, 2004 itself. Again a copy of the petition was supplied to the Deputy Government Advocate in the court on 25.11.2004. Since no reply was filed, one more opportunity was granted to the respondents for filing reply on 10.1.2005 subject to payment of cost of Rs. 5000/-. Still neither any reply has been filed, nor the cost has been paid. 2. After hearing learned counsel for the parties, I have carefully gone through the material on record. 3. The facts stated by the petitioner have to be taken as correct in absence of any reply on behalf of the respondents. Petitioner has stated that inspite of clear directions issued by this court, as referred above, interest on the retiral benefits @ 12% has not been paid so far. It has further been submitted by the petitioner that the petitioner has been suffering from heart ailment. Though the petitioner was admitted in Cardiology Department of SMS Hospital, however, was discharged on 2.6.2001 with an advise for early bye-pass surgery. Immediately after discharge from the Government Hospital, the petitioner again suffered from a severe heart attack and was immediately admitted in nearby Tongya Heart & General Hospital where emergency bye-pass surgery was conducted on 4/5.6.2001. Reimbursement of the medical bills, as submitted by the petitioner, has been denied only on the ground that the surgery was not made in a Government hospital. 4. There cannot be a dispute that the petitioner, after retirement from govt. service, is a member of Pensioners Medical Scheme. In view of tailed observations made by this court in the case of Himmat Singh v. State & Ors., SB Civil Writ Petition No. 5703/2003 decided on 22.12.2004 , in my opinion, there is no justification for rejecting the claim of the petitioner for reimbursement of the medical bills for his treatment at the Tongya Heart & general Hospital, Jaipur. 5. Accordingly, the writ petition is allowed. Respondents are directed to pay the interest, as already ordered by this court on the retiral benefits vide order dated 18.9.2002. 5. Accordingly, the writ petition is allowed. Respondents are directed to pay the interest, as already ordered by this court on the retiral benefits vide order dated 18.9.2002. Respondents are further directed to pay the amount of medical expenses incurred by the petitioner on his heart surgery as per the bills submitted by him. The petitioner may submit an affidavit duly attested by the Oath Commissioner verifying the medical bills, so submitted. The entire payment, as ordered above, be made within 30 days from the date of receipt of certified copy of this order. The petitioner shall also be paid a cost of Rs. 25,000/- to be paid along with the arrears, as ordered above. *******