Rajasthan High Court - Jodhpur
Pratap Singh vs Rajasthan State Road Transport ... on 20 July, 2022
Author: Rekha Borana
Bench: Rekha Borana
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 13394/2019
Pratap Singh S/o Shri Dhulsingh Rathore, Aged About 63 Years,
R/o Bassi Jhunjawat, Tehsil Salumber, District Udaipur.
----Petitioner
Versus
1. Rajasthan State Road Transport Corporation, Through The
Managing Director, Rajasthan State Road Transport
Corporation, Jaipur.
2. The Managing Director, (Traffic), Rajasthan State Road
Transport Corporation Jaipur.
3. The Chief Manager, Rajasthan State Road Transport
Corporation Dungarpur Depot, Dungarpur.
----Respondents
For Petitioner(s) : Mr. Jayant Joshi
For Respondent(s) : Mr. Shashank Sharma
HON'BLE MS. JUSTICE REKHA BORANA
Order 20/07/2022 The present writ petition has been filed with a prayer for reimbursement of the medical expenses amounting to Rs. 1,68,657/- (Rupees One Lakh Sixty Eight Thousand Six Hundred Fifty Seven) alongwith interest.
The case of the petitioner is that when he was on duty on 16.02.2015, he suffered a cardiac arrest and was immediately admitted to the hospital at Dungerpur. But due to his critical condition, he was referred to higher center and therefore, was shifted to Apollo Hospital at Ahmedabad for treatment. At Ahmedabad, he underwent a coronary angioplasty on 17.05.2015 and was discharged on 19.05.2015. He resumed his duty after (Downloaded on 21/07/2022 at 08:56:23 PM) (2 of 3) [CW-13394/2019] being physically fit and submitted his medical bills for reimbursement. The said bills of the petitioner were rejected by the respondent-Department on the ground that Apollo Hospital, Ahmedabad, where the petitioner was treated, does not fall in the list of the hospitals as referred in Appendix -1 of the RSRTC Medical Attendance Regulation, 2011. The said rejection is only on the above ground and no other ground has been raised by the respondent-Department in the reply or even during the course of the arguments.
Learned counsel for the petitioner relied upon the judgment passed in S.B. Civil Writ Petition No.7469/2016; Rama Prasad Sharma Vs. State of Rajasthan & Ors. decided on 21.01.2022.
In Rama Prasad Sharma's case while relying upon the earlier Apex Court Judgments on the issue, this Court held as under:
"It is now a settled position of law that even in cases where the treatment of an employee has been taken in non-recognized hospital the medical reimbursement has to be made at the rate that may be applicable for similar treatment in the recognized government hospitals."
Further, dealing with the issue raised by the Government counsel, this Court observed as under:
"Per contra counsel for the respondent has relied upon the judgment passed by the Hon'ble Apex Court in Civil Appeal No.2278/2011; State of Rajasthan Vs. Mahesh Kumar Sharma. Mahesh Kumar Sharma's judgment as relied upon by counsel for the respondents too does not talk of non-reimbursement of the medical expenses of the government employee. It just specifies the same to be in conformity with the rules. In Mukesh (Downloaded on 21/07/2022 at 08:56:23 PM) (3 of 3) [CW-13394/2019] Kumar Sharma's judgments the Hon'ble Apex Court observed as under: -
"It will, therefore, not be proper for a Government employee or for his relatives to claim reimbursement of medical expenses otherwise than what was provided in the Rules."
In view of the ratio as laid down in the above mentioned judgment, the present writ petition is allowed. The respondents are directed forthwith to reimburse the amount of medical bills submitted by the petitioner for the treatment of his ailment in accordance with RSRTC Medical Attendance Regulation, 2011. The reimbursement shall be made within a period of six weeks from the date of receipt of the copy of this order. The said amount would carry interest @6% per annum w.e.f. the date on which the bill was presented to the date of actual payment. If the payment is delayed beyond the period of six weeks the amount shall carry interest @8% per annum.
All pending applications also stand disposed of.
(REKHA BORANA),J 231-Dharmendra/-
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