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2019 DIGILAW 1574 (RAJ)

Govind Narayan Sharma v. Rajasthan High Court, Jodhpur

2019-05-20

MOHAMMAD RAFIQ, NARENDRA SINGH DHADDHA

body2019
JUDGMENT Narendra Singh Dhaddha, J. - By this writ petition, petitioner is claiming for reimbursement of medical expenses incurred on undergoing his treatment in Sawai Man Singh, Hospital, Jaipur (SMS Hospital) as as per Annexures 1 and 2 with interest @12% p.a. 2. Brief facts of the petition are that the petitioner was appointed as Class-IV employee in the year 1986 in respondent department. He was promoted as Jamadar in the year 2013 and at present he is working on the post of Jamadar with the respondent department. The petitioner had to undergo heart operation on 29.5.2015. He submitted total bills of Rs. 1,53,816/- for reimbursement. Copies of the bills are Annexure-1 and Annexure- 2. Towards these bills of Rs. 1,53,816, only a sum of Rs. 57,242/- was ordered to be paid to the petitioner which he received under protest with a request that for the rest amount which was deducted, his case be sent to the Government for appropriate directions. Vide Government order No. T T010(9)^^/2013 dated 27.10.2016, Rs. 94,814/- are reimbursable as per rules, whereas, only Rs. 57,242/- have been reimbursed. The petitioner in his prayer wanted to direct the respondents to reimburse the entire amount which was incurred in his treatment. 3. Respondents in reply submitted that the State of Rajasthan enacted the Rajasthan Civil Services (Medical Attendance) Rules, 2013 (for short "the Rules, 2013") in exercise of powers conferred by the proviso to Article 309 of the Constitution. These rules provide the procedure of reimbursement of expenses and cost ceiling of implants. Rule 7 of the Rules, 2013 reads as under: "Indoor/outdoor Medical Attendances and Treatment in approved Hospitals within the State - expenses incurred by a Government servant on account of medical attendance, treatment and implants shall be reimbursable to the extent indicated in Appendix-IX & Appendix-XI." and as per rules, the petitioner was paid Rs. 57,243/-. Rest of the amount is not reimbursable. So, the writ petition is liable to be dismissed. 4. Learned counsel for the petitioner submitted that the petitioner was initially appointed as Class IV employee in the year 1986. Thereafter, he was promoted on the post of Jamadar and still he is working with the respondent department. The petitioner was operated in SMS Hospital. Medical expenses incurred by him is Rs. 1,53,816/- out of which respondent reimbursed the amount of Rs. 57,242/-. Thereafter, he was promoted on the post of Jamadar and still he is working with the respondent department. The petitioner was operated in SMS Hospital. Medical expenses incurred by him is Rs. 1,53,816/- out of which respondent reimbursed the amount of Rs. 57,242/-. There was no justification in deducting the amount of expenses incurred in the operation and treatment of the petitioner when he was operated in SMS Hospital. The whole expenses of which the bills are produced to be reimbursed. The medical treatment is an integral part of the right to life. The employer has to bear the expenses of its employees as per the rules. Therefore, the discrimination among different set of employees qua medical facilities is arbitrary and discriminatory. Learned counsel for the petitioner placed reliance in State of Rajasthan through the Secretary, Medical & Health Department vs. Ashok Kumar Jain, 2018 (2) WLC (Raj.) UC 87. 5. Learned counsel for the respondents submitted that as per medical rules, the case of the petitioner was considered and out of expenditure of Rs. 1,53,816/-, only Rs. 94,814/-were admissible. So, the respondents reimbursed that amount. Financial Department, Government of Rajasthan has conveyed that the relaxation in rules for full medical reimbursement is regretted. So, no case is made out to reimburse the amount to the petitioner. The petition is devoid of merit and the same is liable to be dismissed. 6. We have considered the arguments advanced by both the parties and perused the material available on record. 7. The petitioner is in service of the respondent No.1. He was operated in SMS Hospital which is managed by the State of Rajasthan. He was operated for heart disease and stents were induced to prevent collapsing of the heart. Medical bills towards treatment were submitted by the petitioner in the prescribed format of Appendix-5 & 6. The total expenditure incurred towards treatment was Rs. 1,53,816/- out of this respondents allowed to reimburse the amount of Rs. 94,814/-. For the rest amount, the respondents had not given any plausible reason to refuse the reimbursement. In Ashok Kumar Jain's case (supra) the whole amount of the medical expenses was reimbursed. So, the writ petition deserves to be allowed." 8. In the result, the writ petition is allowed. 94,814/-. For the rest amount, the respondents had not given any plausible reason to refuse the reimbursement. In Ashok Kumar Jain's case (supra) the whole amount of the medical expenses was reimbursed. So, the writ petition deserves to be allowed." 8. In the result, the writ petition is allowed. The respondents are directed to reimburse the rest amount to the petitioner within a period of three months from the date after receipt of copy of this order.