Rajasthan High Court - Jaipur
State Of Raj & Anr vs Dr Gyan Chand Sharma on 15 May, 2017
Author: Chief Justice
Bench: Chief Justice
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
(1) D.B. Civil Special Appeal(Writ) No. 565 / 2004
1. State of Rajasthan Through the Secretary to the Government,
Department of Finance,, Government of Rajasthan, Secretariat,
Jaipur
2. The Deputy Secretary, Department of Arts and Culture,,
Government of Rajasthan, Secretariat, Jaipur
----Appellants
Versus
Dr. Gyan Chand Sharma Son of Shri Diwan Chand Sharma, by
Caste Sharma, 141, Bhagwati Nagar-I, Kartarpura, Jaipur. Retired
Officiating Director, State Archives, Bikaner.
----Respondent
Connected With (2) D.B. Cross Objection Application No. 1/ 2005 In D.B. Civil Special Appeal(W) No.565/2004
1. State of Rajasthan Through the Secretary to the Government, Department of Finance,, Government of Rajasthan, Secretariat, Jaipur
2. The Deputy Secretary, Department of Arts and Culture,, Government of Rajasthan, Secretariat, Jaipur
----Appellants Versus Dr. Gyan Chand Sharma Son of Shri Diwan Chand Sharma, by Caste Sharma, 141, Bhagwati Nagar-I, Kartarpura, Jaipur. Retired Officiating Director, State Archives, Bikaner.
----Respondent _____________________________________________________ For Appellant(s) : Ms. Charu Jain on behalf of Mr. J.M. Saxena (AAG) For Respondent(s) : Mr. J.K. Singhi, Senior Counsel assisted by Mr. Tarun K.Verma _____________________________________________________ HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA (2 of 4) [ SAW-565/2004] Judgment 15/05/2017
1. Both, D.B. Civil Special Appeal(W) No.565/2004 and D.B. Cross Objection Application No.1/2005 arise out of the order passed by the learned Single Judge dated June 1, 2004, whereby the writ petition was disposed of with direction to reimburse the remaining balance amount to the writ-petitioner for the expenses incurred by him for his treatment at Escorts Heart Institute, New Delhi, instead of the amount of Rs.85,000/- released in his favour keeping in view the expenditure for the same treatment which would have incurred at All India Institute of Medical Sciences (AIIMS), New Delhi.
2. The State has challenged the order. It is submitted by the learned counsel appearing for the State that the writ- petitioner had requested for his treatment to be conducted at Escorts Heart Institute, New Delhi. While granting him permission to undergo treatment at the said Institute, it was informed that he would be entitled to receive an amount of Rs.85,000/- only by the Principal & Controller, SMS Medical College, Jaipur vide his letter dated March 15, 1999. The treatment was available at AIIMS, New Delhi for CABG but the writ-petitioner wanted his treatment from a private Heart Institute instead of AIIMS. The State Government as per the Rajasthan Civil Services (Medical Attendance) Rules, 1970 (hereinafter referred to as 'the Rules of 1970') is required to reimburse the amount which may incur in a hospital maintained by the Central Government or the other State Government. Rule (3 of 4) [ SAW-565/2004] 7(1) of the Rules of 1970 reads as under:-
"7. Treatment of a disease for which treatment is not available in the State :- (1) A Government servant and the members of his family suffering from a disease for which treatment is not available in any Government Hospital in the State shall be entitled to medical attendance and treatment to the extent indicated in sub rule (2) of this rule in a Hospital/Institution outside the State recognised by the Government, provided that it is certified by the Principal of a Medical College/Director of Medical & Health Services on the basis of opinion of the Authorised Medical Attendant to the effect that the treatment of a particular disease from which the patient is suffering is not available in any Government hospital in the State and it is considered absolutely essential for the recovery of the patient to have treatment at a hospital outside the State."
3. We find that the issue involved in the present petition, is no more res integra, as in a similar case the claim relating to full reimbursement for treatment undergone at Escorts Institute, New Delhi was not accepted by the Apex Court while examining the aforesaid Rule 7(1) of the Rules of 1970 in State of Rajasthan Vs. Mahesh Kumar Sharma, (2011) 4 SCC 257, wherein the judgment passed by this Court in Shankerlal Vs. State of Rajasthan, (2000) 3 WLC 585(Raj.) was overruled and in paragraph 8 it was held as under:-
"8. In this connection it will be profitable to refer to the judgment of a Bench of three Judges of this Court in State of Punjab v. Ram Lubhaya Bagga, (1998) 4 SCC 117 where the Bench has laid down that the Government would be justified in limiting the medical facilities to the extent it is permitted by its financial resources. In the instant case, the Government has formulated necessary rules permitting the reimbursement of medical expenses in certain situations and upto a certain limit. The Government has been reimbursing the necessary expenditure as permitted by the rules uniformly. It will, therefore, not be proper for a Government employee or for his (4 of 4) [ SAW-565/2004] relatives to claim reimbursement of medical expenses otherwise than what was provided in the Rules.
4. Admittedly, an amount of Rs.85,000/- has already been released in favour of respondent Dr. Gyan Chand Sharma, which is the admissible amount under the Rules of 1970.
5. Accordingly, the appeal is allowed and the order passed by the learned Single Judge dated June 1, 2004 is set aside. In D.B. Cross Ojbection Application No.1/2005:
1. The Cross Objection Application has been preferred by the respondent claiming interest also on the difference amount.
2. At the outset, it may be observed that cross objection in a special appeal is not maintainable. On merits also, as per the view taken by us, the claim of the respondent is inadmissible and the same is rejected.
3. Accordingly, D.B. Cross Objection Application No.1/2005 is dismissed.
4. No costs.
(SANJEEV PRAKASH SHARMA)J. (PRADEEP NANDRAJOG),C.J. KKC/53-54