Rajasthan High Court - Jaipur
Smt Nanchi Devi vs State Of Raj And Ors on 6 October, 2017
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Civil Writ Petition No. 4876 / 2009
Smt Nanchi Devi
----Petitioner
Versus
State Of Raj And Ors
----Respondent
_____________________________________________________ For Petitioner(s) : Mr. Prem Chand Dewanda and Mr. Ramavtar Bochalya For Respondent(s) :
_____________________________________________________ HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA Order 06/10/2017 Having regard to the factual matrix and the adjudication made by a Coordinate Bench of this Court in the case of Kailash Chand Agarwal Vs. State & Ors.: SBCWP No. 8576/2006 decided on 9th August, 2011; the instant writ application merits acceptance in terms of the order in the case of Kailash Chand Agarwal (supra), observing thus:
"Thus, in the opinion of this Court, if treatment has been undertaken by State Govt. servant/State Pensioner/family pensioner prior to 16/09/2008 in emergent circumstances in a private/charitable hospitals within the State, reimbursement of costs of implants, medical attendance & treatment could be allowed only in terms of scale provided vide orders dt. 06/02/2009 & 27/11/2009 respectively. As regards emergent circumstances owing to sudden heart attack, from the material on record, emergent nature of his hospitalization in private hospitals cannot be ruled out. Since the petitioner has undertaken treatment in emergent circumstances in private hospital within the State prior to 16/09/2008 and being Government Servant, he is entitled for reimbursement of medical bills in terms (2 of 2) [CW-4876/2009] of Orders dt.06/02/2009 & dt.27/11/2009 (supra). Consequently, writ petition succeeds and is hereby allowed. Order dt.17/03/2006 (Ann.3) is set aside. Respondents are directed to reconsider case of petitioner for reimbursement of medical bills furnished for his treatment in the light of Rajasthan Civil Service (Medical Attendance) Rules, 2008 read with Orders dt.06/02/2009 & 27/11/2009 and after due computation, the same shall be paid to the petitioner along with interest @6% per annum from the date of presentation of medical bills till actual payment. Respondents shall ensure compliance of this order within three months. No costs."
In view of the stand of the counsel for the parties, the instant writ application is disposed off in terms of the order in the case of Kailash Chand Agarwal (supra) as extracted hereinabove.
Learned counsel for the State-respondents would do the needful to ensure compliance of this order as expeditiously as possible, preferably within four months from the date a certified copy of this order is presented.
(VEERENDR SINGH SIRADHANA)J. Pooja/233