[2025:RJ-JP:13394] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 10378/2016 Ramdhan Prasad S/o Late Ramphool, Villege and Post Gahnoli, Tehsil Mahwa, District Dausa. ----Petitioner Versus 1. State of Rajasthan through Director, Directorate of Pension and Pensioners Welfare, Rajasthan, Jyoti Nagar, Jaipur 2. Board of Trustees, Rajasthan State Medical Concession Scheme, Directorate of Pension and Pensioners, Jaipur through its Joint Secretary. ----Respondents For Petitioner(s) : Mr.Narendra Kumar Saini For Respondent(s) : Ms.Manju Joshi, Addl.GC. With Ms.Deepa Singh JUSTICE ANOOP KUMAR DHAND Order 25/03/2025 1. By way of filing this writ petition, a prayer has been made for issuing direction to the respondents to reimburse the amount of expenses incurred in the treatment of the petitioner at Medanta Medcity, Gurgaon (hereinafter referred to as “Medanta Hospital”). 2. Learned counsel for the petitioner submits that while going to Delhi on 09.10.2014, the petitioner has suffered severe chest pain and looking to the emergent situation, his family members took him into Medanta Hospital, blockage was found in his arteries and accordingly, the necessary surgery, i.e., CABG+IABP-SM was conducted to save the life of the petitioner. Counsel submits that in the aforesaid process, the petitioner suffered the expenses to [2025:RJ-JP:13394] (2 of 3) [CW-10378/2016] the tune of Rs.2,85,757/-. Counsel submits that after recovery, the petitioner submitted an application for reimbursement of the aforesaid amount, but instead of reimbursing the entire amount, a petty amount of Rs.74,000/- has been awarded to him, hence, under these circumstances, interference of this Court is warranted and the petitioner is entitled to get the entire amount reimbursed. 3. Per contra, learned counsel for the respondent-State opposes the prayer and submits that the treatment was taken by the petitioner outside the State of Rajasthan without seeking any referral from the S.M.S. Hospital, Jaipur in terms of Rule 10(2) of the Rajasthan Civil Services (Medical Attendance) Rules, 2008 (for short, ‘the Rules of 2008’) and the petitioner is a retired pensioner and his medical diary was not renewed at the relevant time, when the treatment was taken. Counsel submits that the amount of Rs.74,000/- has already been reimbursed to the petitioner, hence, under these circumstances, the petitioner is not entitled to get any sort of amount and the petition is liable to be rejected. 4. Heard and considered the submissions made at Bar and perused the material available on record. 5. This fact is not in dispute that the petitioner has taken the treatment at Medanta Hospital, Gurgaon without being referred as per the requirement provided under Rule 10(2) of the Rules of 2008, but the respondents cannot refuse to make the payment of amount of medical expenses only on the count that the treatment was taken in a hospital without any reference from the approved hospital as provided under the Rules of 2008. The Co-ordinate Bench of this Court at Principal Seat, Jodhpur has held in the case of Rama Prasad Sharma Vs. State of Rajasthan and Ors. [2025:RJ-JP:13394] (3 of 3) [CW-10378/2016] while deciding S.B. Civil Writ Petition No. 7469/2016 that the treatment can be taken in an unrecognized hospital, but the medical reimbursement has to be made at the rate that may be applicable for similar treatment in the recognized hospitals. 6. This Court finds no substance in the arguments raised by the counsel for the respondents that the medical diary of the petitioner was not renewed at the relevant time, when the treatment was taken and this cannot be a ground to deny the claim of the petitioner. The respondents are supposed to reimburse the medical bills of the petitioner, as per the rates applicable in the approved hospital of the State of Rajasthan. 7. In view of the above, the petition stands disposed of by issuing direction to the respondents to consider the case of the petitioner again for reimbursement of medical bills, as per the rates applicable in the approved hospitals. 8. Needless to observe, the order passed by this Court would be complied by the respondents within a period of three months from the date of receipt of certified copy of this order. 9. It is made clear that in case, the respondents fail to comply with the order passed by this Court within the above stipulated time, then the petitioner would be entitled to get interest @ 6% p.a. 10. Stay application and all application(s) (pending, if any) also stands disposed of. (ANOOP KUMAR DHAND),J Aayush Sharma /47