[2025:RJ-JP:13281] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17895/2016 Mool Chand Saini S/o Shri Rudaram Saini, Village Kakrana, Tehsil Udaipurwati, District Jhunjhunu Raj. at present R/o Sujatwala Kuwan, Narnol Road, Singhana, District Jhunjhunu Raj. ----Petitioner Versus 1. State of Rajasthan through its Chief Secretary, Govt. Secretariat, Jaipur Raj. 2. Joint Secretary Administration, Revenue Group-2 Department, Govt. Secretariat, Jaipur Raj. ----Respondents For Petitioner(s) : None present For Respondent(s) : Ms.Manju Joshi, Addl.GC. With Ms.Deepa Singh JUSTICE ANOOP KUMAR DHAND Order 24/03/2025 1. By way of filing this petition, a prayer has been made by the petitioner for issuing direction to the respondents to reimburse the payment of medical bills and expenses incurred in the treatment taken by the wife of petitioner. 2. Contents of the writ petition indicate that the petitioner met with a road accident on 07.02.2009 at Village Walidpur, near Roorkee Road in the State of Uttrakhand, where he sustained several injuries on his head, back and legs, hence, under such circumstances, he was taken to nearby hospital, i.e., Sarvith Hospital at Roorkee Road and looking to his serious condition, he was referred to Sir Gangaram Hospital, New Delhi and thereafter, further treatment was taken at Santokba Durlabhji Hospital, [2025:RJ-JP:13281] (2 of 4) [CW-17895/2016] Jaipur. It is stated in the writ petition that in the aforesaid treatment an expense to the tune of Rs.2,36,652/- has incurred. 3. After recovery, the petitioner raised a medi claim of the aforesaid amount, the respondents calculated the expenses of treatment as Rs.76,333/-, but out of the calculated amount, the payment of Rs.63,313/- has been made to the petitioner in terms of Rule 10(3) of Rajasthan Civil Services (Medical Attendance) Rules, 2008 (for short, “the Rules of 2008”). 4. None has put in appearance on behalf of the petitioner. 5. Learned counsel for the respondents submits that the treatment was not taken in any Government Hospital or at S.M.S. Hospital, hence, under these circumstances, the medical bills of the petitioner have been reimbursed as per the rates applicable in S.M.S. Hospital in terms of the Rules of 2008. Counsel submits that under these circumstances, interference of this Court is not warranted. 6. Heard and considered the contents of writ petition and submissions made by counsel for the respondents made at Bar. 7. This fact is not in dispute that the petitioner met with a road accident on 07.02.2009 wherein he sustained multiple injuries on several parts of his body, he was admitted in Sarwith Hospital, Roorki Road and thereafter, he was taken to Gangaram Hospital in emergent situation on 08.02.2009 and he remained under treatment there till 25.02.2009 and after discharge from the said hospital, further treatment was taken by the petitioner at Santokba Durlabhji Hospital, Jaipur. The respondents have confined the payment of medical bills to the petitioner to the [2025:RJ-JP:13281] (3 of 4) [CW-17895/2016] amount of Rs.63,313/- by giving reference of Rules 10(3) of the Rules of 2008. 8. In the considered opinion of this Court, the aforesaid provision is not applicable in the facts and circumstances of the present case, as the incident has occurred in the State of Uttrakhand and within no stretch of imagination, it can be expected from an injured person, herein the petitioner, to get the treatment at S.M.S. Hospital, Jaipur for saving his life, considering the necessity of time, the treatment is required to be taken in a nearby hospital, as the petitioner has done in the instant case. The respondents cannot refuse the medi-claim of the petitioner on the aforesaid technicalities. The respondents could have released the payment of medical bills as per the rates which are applicable in the approved hospitals of the State of Rajasthan. 9. In view of the above, the instant writ petition stands disposed of by issuing direction to the respondents to make the payment of medical bills to the petitioner, as per the rates applicable in the approved hospitals of State of Rajasthan. 10. Needless to observe that the respondents would comply with the order passed by this Court within a period of three months from the date of receipt of certified copy of this order. 11. It is made clear that in case, the respondents fail to comply with the order passed by this Court within the above stipulated time, i.e., three months, then the petitioner would be entitled to get interest @ 6% p.a. from the date of passing of this order till its actual payment. 12. Since, the petitioner has remained unrepresented before this Court and he is not aware about passing of the present order, [2025:RJ-JP:13281] (4 of 4) [CW-17895/2016] Office is directed to send a copy of this order to petitioner, for his information & intimation. 13. Stay application and all pending application(s), if any, also stands disposed of. (ANOOP KUMAR DHAND),J Aayush Sharma /74