Rajasthan High Court - Jaipur
Durga Lal Verma vs State Of Raj Andors on 5 November, 2019
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 6985/2008
Durga Lal Verma S/o Late Shri Ganesh Ram, 181, A-Block,
Triveni Nagar, Gopalpura Bye Pass, Jaipur
----Petitioner
Versus
1. State Of Rajasthan Through Secretary, Medical And
Health Department, Govt. Of Rajasthan, Secretariat,
Jaipur
2. The Director, Medical And Health Services, Rajasthan,
Jaipur
----Respondents
For Petitioner(s) : Mr. Nitin Jain, Adv. For Respondent(s) : Mr.Bharat Saini, Addl. G.C. HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Order 05/11/2019 The petitioner has undergone treatment at Santokbha Durlabhji Memorial Hospital, Jaipur and claims expenditure incurred for treatment.
Learned Counsel for the petitioner submits that the petitioner was taken to SMS Hospital first but there was no Cardiologist to look after and take care of the petitioner and, therefore, his relatives took him to SDM Hospital where he underwent angioplasty and a huge amount of Rs.3,20,000 was incurred.
Learned Counsel submits that the petitioner is entitled to receive the said amount as medical expenditure.
Per contra, learned Counsel appearing for the respondents-State has filed their reply and submits that the reimbursement of expenses incurred in treatment by a government servant would be reimbursable only up to the amount which would have been spent on the treatment undertaken in the (Downloaded on 07/06/2021 at 01:44:17 AM) (2 of 2) [CW-6985/2008] SMS Hospital or any other Government hospital. Learned Counsel relies on the Rajasthan (Medical Attendance and Reimbursement) Rules, 2008 as well as circular dated 27.11.2009 issued by the Finance Department. Learned Counsel submits that a letter in this regard was also sent to the petitioner.
I have considered the submissions.
As per the letter sent by the Finance Department, Government of Rajasthan dated 27.11.2009, it is apparent that the expenditure of treatment in the department of Cardiology in the SMS Medical Hospital would have been about Rs.1,10,000/-. The petitioner has also prayed that he may be paid the said amount vide his letter (Anex.R/2) dated 6.2.2008. However, it appears that the amount has not been released.
In view of the specific reply filed by the respondents- State, the writ petition is partly allowed to the extent of directing the State Government to release the said amount of Rs.1,10,000/- as cost incurred on treatment for angioplasty by the petitioner. The amount shall carry simple interest @ 9% from the date of passing of order.
Needful shall be done within a period of two months henceforth.
(SANJEEV PRAKASH SHARMA),J NAVAL KISHOR /145 (Downloaded on 07/06/2021 at 01:44:17 AM) Powered by TCPDF (www.tcpdf.org)