Allowed

Govind Ram Sharma v. R S R T C and Anr.

Rajasthan HC16 Apr 2018CW/6292/2018

Case brief

AI extract

What is this about?

The High Court allowed the writ application relying on a coordinate bench decision. The court directed the respondent corporation to reimburse the petitioner's actual medical bills treated at a government hospital, disregarding internal limits.

What did the court decide?

Respondent Corporation directed to reimburse the actual medical bills raised by SMS Hospital, Jaipur, within two months.

Govind Ram Sharma Vs R S R T C and Anr. — Pension and Retirement Benefits | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writs No. 6292/2018

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Govind Ram Sharma S/o Shri Durga Shankar, Aged About 61 Years, R/o D 168, Sanjay Colony, Mahaveer Marg, Bhilwara (Raj.)

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----Petitioner

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Versus

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Rajasthan State Road Transport Corporation Through Its Chairman Cum Managing Director, Head Office, Jaipur.

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Chief Manager, Rajasthan State Road Transportation Corport, Bhilwara Depot, Bhilwara.

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----Respondents

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For Petitioner(s) : Mr. Rahul Ghiya For Respondent(s) : Mr. Vinayak Joshi

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HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA

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Order

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16/04/2018

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Learned counsel for the parties are not in dispute on the proposition on law that the issue raised in the instant writ application stands resolved in view of the opinion of a Coordinate Bench of this Court in the case of Shrikrishna Gupta Vs. RSRTC & Anr.: SBCWP No.3840/2010, decided on 30^th March, 2012, observing thus:

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“ I have considered the submissions made by parties and find that it is a case where petitioner has taken treatment from a government hospital, namely SMS Hospital Jaipur. In the aforesaid circumstances, an officer of the Corporation should not have been denied reimbursement of the actual payment. The things would have been different, if treatment is taken from a private hospital. There one is allowed reimbursement of bill to the extent, rate is prescribed for Government Hospital. The case in hand is not

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(2 of 2)

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[CW-6292/2018]

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of that nature the counsel for respondents could not supply reasons to fix maximum limit for reimbursement of medical bill, if treatment is taken from a Government Hospital. The limitation can definitely be fixed for private Hospital to avoid malpractices. This cannot happen if the treatment is taken in the Government Hospital. The reimbursement is to be made admissible for actual bills for the treatment taken in Government Hospital. Limitation prescribed vide office order cannot accordingly said to be rational for treatment in the Government Hospital.

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Accordingly, writ petition is allowed. Respondents are directed to reimburse medical bills raised by the SMS Hospital, Jaipur.

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The compliance of this order be made within a period of two months from the date of receipt of copy of this order. The amount already reimbursed may be deducted for total payable amount.”

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In view of the above, the instant writ application stands allowed in terms of the order in the case of Shrikrishna Gupta (supra). The respondent-Corporation would ensure compliance of this order as expeditiously as possible, preferably, within two months from the date of a copy of this order is produced.

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Amount, if any already reimbursed, may be deducted, from the total payable due amount.

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(VEERENDR SINGH SIRADHANA)J.

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SS/141

Govind Ram Sharma v. R S R T C and Anr.

Case brief

What is this about?

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Govind Ram Sharma v. R S R T C and Anr.

Case brief

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