HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 13835/2008 Bandrinarayan S/o Late Sh. Ram Kalyan aged about 54 years, R/o 68, Laxmi Nagar, Opposite Kamani Farm, Near Airport, Tonk Road, Jaipur. ----Petitioner Versus 1. State of Rajasthan through the Principal Secretary, Department of Finance, Government of Rajasthan, State Secretariat, Jaipur. 2. Department of Revenue (Group-2), through the Secretariat, Department of Revenue, Government of Rajasthan, State Secretariat, Jaipur. 3. Deputy Secretary Finance (Rules), Department of finance, Government of Rajasthan, State Secretariat, Jaipur. 4. District Collector, Jaipur District, Office of district Collector, Jaipur. ----Respondents For Petitioner(s) : Mr. Abhishek Sharma For Respondent(s) : JUSTICE ANOOP KUMAR DHAND Order 17/02/2025 1. By way of filing this writ petition, a prayer has been made by the petitioner for issuing a direction to the respondents to reimburse the amount of medical bills expended in his treatment. 2. Learned counsel for the petitioner submits that the petitioner suffered heart attack on 29.08.2007 and his family members took him to SMS Hospital, where his condition was found to be critical and as per the Doctor's opinion, after angiography, bypass surgery was conducted. Counsel submits that due to the long waiting list (2 of 4) [CW-13835/2008] for patients, the surgery would take time and looking to his critical condition, he was admitted to Fortis Escorts Hospital, Jaipur where his bypass surgery was conducted in which the petitioner incurred the expenses of Rs. 2,10,552/-. Counsel submits that after recovery, an application was submitted by the petitioner before the respondents for reimbursement of the aforesaid amount but the same has been rejected vide order dated 18.06.2008 on a technical count that the Fortis Escorts Hospital was not a recognized hospital. Counsel submits that this cannot be a ground to deny the entire medical claim of the petitioner, the respondents could have reimbursed the amount as per the rates applicable in the approved hospital. 3. None present on behalf of the respondents. 4. Perusal of the record indicates that the petitioner suffered heart attack on 29.08.2007 and was admitted in SMS Hospital and after conducting angiography, the doctor asked for bypass surgery and looking to his critical condition, his family members took him to Fortis Escorts Hospital wherein his bypass surgery was conducted and in which the petitioner incurred expenses of Rs. 2,10,552/- and the respondents have declined to reimburse the amount of the medical bills on a technical count that the treatment was taken in an unapproved hospital. 5. Now the question which remains for consideration before this Court is whether the respondents can deny and decline the medical claim of the petitioner on a technical count that the treatment was taken in a private hospital and not in approved hospital. (3 of 4) [CW-13835/2008] 6. The law in this regard has already been settled by the Hon’ble Apex Court in a catena of judgments. 7. In the case of Shiva Kant Jha Vs. Union of India (U OI ), reported in AIR 2018 SC 1975 the Hon’ble Apex Court has held as under:- "It is a settled legal position that the Government employee during his life time or after his retirement is entitled to get the benefit of the medical facilities and no fetters can be placed on his rights. It is acceptable to commonsense, that ultimate decision as to how a patient should be treated vests only with the Doctor, who is well versed and expert both on academic qualification and experience gained. Very little scope is left to the patient or his relative to decide as to the manner in which the ailment should be treated. Speciality Hospitals are established for treatment of specified ailments and services of Doctors specialized in a discipline are availed by patients only to ensure proper, required and safe treatment. Can it be said that taking treatment in Speciality Hospital by itself would deprive a person to claim reimbursement solely on the ground that the said Hospital is not included in the Government Order. The right to medical claim cannot be denied merely because the name of the hospital is not included in the Government Order. The real test must be the factum of treatment....." 8. In view of the ratio laid down by the Hon’ble Apex Court in the case of Shiva Kant (supra), this petition stands disposed of with directions to the respondents to make the payment to the petitioner as per the rates applicable in the approved hospitals within a period of three months from the date of receipt of a certified copy of this order. 9. It is made clear that in case compliance of this order is not made within the stipulated time, then the petitioner would be entitled to get interest @ 6% per annum. (4 of 4) [CW-13835/2008] 10. All pending application(s), if any, also stands disposed of. 11. No order as to costs. (ANOOP KUMAR DHAND),J Ashu/69