The court allowed a remedial petition seeking reimbursement of medical bills incurred in a private hospital for an emergency surgery, relying on a Division Bench precedent to limit the claim to government hospital rates.
Directed to reimburse petitioner's medical bills for angiography at rates applicable in government recognised hospitals.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[1] SBCWP 5/2008
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH, JAIPUR
O R D E R
S.B. CIVIL WRIT PETITION NO. 5/2008
LAXMI DHAR SHARMA Vs. STATE OF RAJ. & ORS.
Date: 02.02.2009.
HON'BLE MR. JUSTICE K.S. RATHORE
Mr. Rakesh Kr. Sharma, Advocate for the petitioner.
Mr. N.A. Naqvi, Addl. Advocate General for State.
****
Having heard rival submissions of the
respective parties, the application Inward No.
1742/2009 for early listing of the writ petition
stands allowed.
At the request of the parties, the matter
is heard finally at this stage.
Heard learned counsel for the petitioner as
well as learned Additional Advocate General
appearing on behalf of the State.
As per the petitioner he retired from
service while working as Inspection Grade-I on
attaining the age of superannuation on 31.03.2003
and being a retired Govt. servant, he is entitled to
get medical reimbursement under the provisions of
Rajasthan State Pensioners Medical Concessional
Scheme. On 22.10.2007 the petitioner suddenly fell
ill and was advised to undergo angiography and was
admitted in SMS Hospital, but angiography was not
done in the SMS Hospital immediately and, therefore,
he was taken to Tongia Hospital, Jaipur, where
[2] SBCWP 5/2008 angiography was done looking to the serious condition of the petitioner on 23.10.2007. As per the petitioner, he incurred an expenditure of Rs. 1,82,419/- in his medical treatment and submitted medical bills to the tune of Rs. 1,82,419/- for reimbursement, but the same has been refused on the ground that the petitioner was not treated in the Govt. hospital.
As per the settled preposition of law as
held by the Division Bench of this Court in the case
of State of Rajasthan & Others Vs. Surendra Kumar
Kalra, reported in 2008(2) WLC(Raj.) 430, wherein
the Division Bench has held that the writ petitioner
is entitled to the reimbursement at the rates
applicable in the government recognised hospital.
In view of the ratio decided by the
Division Bench of this Court in the case of Surendra
Kumar Kalra (supra), the present writ petition is
allowed and the respondents are directed to
reimburse the medical bills submitted by the
petitioner at the rates applicable in the government
recognised hospital for angiography. If the medical
bills submitted by the petitioner exceeds the rates
of the recognised/approved government institutions/
hospitals, it is needless to say that his claim
shall be restricted to such rates i.e. the claim
shall be restricted to the rates prescribed by the
government recognised hospital and if the medical
bills submitted by the petitioner are less than the
[3] SBCWP 5/2008 rates that are applicable to the treatment at the recognised/approved government institution/ hospitals, the petitioner shall be reimbursed all the medical bills as submitted by him.
/KKC/
2 issues framed by the court
Whether the petitioner is entitled to medical reimbursement for treatment in a private hospital for an emergency.
Whether the claim can be allowed at government hospital rates for treatment consumed in other recognised hospitals.
Colour shows how this judgement treated each authority
State of Rajasthan & Others Vs. Surendra Kumar KalraRelied on¶17
State of Rajasthan & Others Vs. Surendra Kumar Kalra, 2008(2) WLC(Raj.) 430
1 provisions across 1 enactments
Laxmi Dhar Sharma
State of Raj.
K.S. Rathore
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court