Rajasthan High Court - Jaipur
Smt Kamla Rani Jain vs State Of Raj And Anr on 3 May, 2011
S.B. Civil Writ Petition No.9253/2007 Smt. Kamala Rani Jain Vs. State of Raj. & Anr. Date of Order ::: 03.05.2011 O R D E R HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. BBL Sharma, for the petitioner. *** BY THE COURT:
Adumbrated in brief, the facts of the case are as under:
That the petitioner Smt. Kamla Rani Jain was posted as Senior Teacher in Government Secondary School, Kalsad, Alwar. Having sought Privilege Leave w.e.f. 3rd July, 2006 to 6th July, 2006, she went to meet her son at Delhi. It is averred that she suddenly suffered from heart ailment and was admitted in All India Institute of Medical Science, New Delhi for treatment. She was registered in the outdoor wing of Cardiology department. It is further submitted that the petitioner again felt severe heart problem and immediately approached to the All India Institute of Medical Science for treatment but on account of the Doctors of All India Institute of Medical Science, Delhi, being on strike, she had to take medical treatment in Escort Heart Hospital situated at New Delhi. The petitioner -2- submitted the medical bills of Rs.2,33,000/- but the respondents did not reimburse the amount and declined her prayer observing that she had obtained the treatment from Escort Heart Hospital, New Delhi and the amount of Medical bills could be reimbursed only to that limit which was permissible for the treatment of same disease in S.M.S. Hospital, Jaipur.
Learned counsel for the petitioner canvassed that the case of the petitioner is covered by the judgment delivered in the case of Pawan Kumar Sharma Vs. State of Rajasthan & Ors. rendered by this Court on 7th May, 2007 reported in 2007(3) WLC, 407.
Having heard the learned counsel for the petitioner and carefully perused the relevant material on record, it is noticed that the facts of the instant petition are similar to that of the case of Pawan Kumar Sharma.
In the case of Pawan Kumar Sharma (Supra) this Court has observed thus:
The controversy in regard to medical reimbursement has been declared by this Court in number of writ petitions. The petitioner has been denied reimbursement on the ground that prior permission for surgery at Escorts Heart Institute has not been sought. Time and again the Courts have expressed anxiety in such matters where the heart patients -3- require immediate care, attention and proper treatment. The technicalities and necessities of certain prior permission should always be ignored in such matters. The emergency sees no laws. The main concern of the patient at the particular moment is to save his live and not to wait for the necessary formalities to be done by the officials. In the present bureaucratic set up when no definite guidelines have been issued by the State Government in regard to taking immediate decision in such matters, the patients cannot be denied treatment from a hospital of his own choice. In the present matter the treatment has been received at a recognized hospital.
Accordingly, the writ petition is allowed. The respondents are directed to reimburse the entire amount as per bills submitted by the petitioner within thirty days from the date of receipt of certified copy of this order. Though authenticity of the bills cannot be disputed, still the petitioner may submit an undertaking that he will refund the entire amount if the bills are found forged at any point of time. The respondents shall also pay a cost of Rs.20,000/- to the petitioner along with the amount as ordered above.
In view of the aforesaid judgment of this Court, the writ petition of the petitioner Smt. Kamala Rani Jain is allowed. The respondents are directed to reimburse the entire amount as per the medical bills submitted by the petitioner within a period of thirty days from the date of receipt of certified copy of this order.
(MAHESH BHAGWATI)J. pc