[2026:RJ-JP:28935] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 13176/2020 CNR: RJHC020668122020 | URN: CW / 24891U / 2020 Dharampal Singh S/o Late Shri Tej Singh, aged about 77 years, R/o 10/42, Sector-3, Rajendra Nagar, Sahibabad, District Gaziabad (U.P.) ----Petitioner Versus 1. State of Rajasthan, through Principal Secretary, Department of Medical & Health, Swasthya Bhawan, Tilak Marg, Jaipur. 2. The Director, Rajasthan State Pensioner Medical Concession Scheme, Directorate of Pension & Pensioners Welfare Department, Rajasthan, Jaipur. ----Respondents For Petitioner(s) : Mr. Aatish Jain For Respondent(s) : Mr. Rahul Lodha, AGC with Mr. Shubham Gupta HON'BLE MS. JUSTICE REKHA BORANA Order 27/07/2026 1. The present writ petition has been filed with a prayer for reimbursement of the medical claim qua the treatment of the petitioner after having suffered a cardiac arrest. 2. The petitioner was employed in the Department of Rajasthan State Agriculture Marketing Board and superannuated from service on 31.07.2001. 3. The case of the petitioner is that because of severe chest pain he had to undergo emergency treatment at Narinder Mohan Hospital & Heart Centre, Ghaziabad (Uttar Pradesh), his home town. He was admitted to the said hospital from 19.01.2019 to 23.01.2019. A total amount of Rs.1,93,467/- was incurred towards his medical treatment, for which he submitted a claim for reimbursement before the respondent Department. However, till all this period the medical bills of the petitioner were not cleared [2026:RJ-JP:28935] (2 of 3) [CW-13176/2020] and ultimately vide communication dated 29.09.2019, it was rejected on the following grounds: Firstly, the treatment was undertaken outside the State of Rajasthan in a private/unapproved hospital without obtaining any reference/permission from the concerned Department; secondly, reimbursement is admissible only where treatment for a life- threatening disease is availed in an emergent situation and herein, no such emergency existed. 4. Learned Counsel for the petitioner submitted that so far as the ground of treatment being undertaken in a hospital outside the State of Rajasthan is concerned, the same was taken in an emergent situation and even otherwise the amount as prescribed in the Rules, that is, the amount equal to that spent in a Government hospital is reimbursable. 5. Heard learned counsel for the parties and perused the material available on record. 6. It is relevant to note that both the grounds on which the respondent-Department has denied the petitioner's medical reimbursement claim are legally untenable. It is now well settled that even when treatment is undertaken in a private or unrecognized hospital, or outside the State, the department is under an obligation to reimburse the medical expenses to the extent admissible under the applicable Rules. Therefore, the grounds assigned by the respondent-Department for rejecting the petitioner's claim are not sustainable. 7. In Anil Kumar Surolia vs. State of Rajasthan and Others; 2005 (3) WLC 14, Hon’ble Division Bench of this Court held as under: [2026:RJ-JP:28935] (3 of 3) [CW-13176/2020] “7. Before we may part with this order, we would like to mention that the government cannot insist upon an employee to get himself treated at recognised government institution. All that the government in these circumstances can do is to reimburse the concerned employee at the rates that may be applicable in the recognised government institutions.” 8. So far as the ground of emergent situation is concerned, Hon’ble Supreme Court in Suman Rakheja Vs. State of Haryana & Anr; (2004) 13 SCC 562 and Hon’ble Division Bench of this Court in State of Rajasthan & Ors. Vs. Surendra Kumar Kalra; 2008 (2) WLC (Raj.) 430 have held that where medical treatment is taken in an emergency, reimbursement cannot be denied merely on the ground that such treatment was undertaken in a private or non-recognized hospital. 9. In view of above observations and in view of the settled position of law, the present petition is allowed. The respondent Authorities are directed to reimburse the medical claim of the petitioner in terms of the Rajasthan Civil Services (Medical Attendance) Rules, 2008 as applicable to the present matter. The said reimbursement be made within a period of four weeks from the date of receipt of the present order. It is made clear that the said amount would carry interest @ 6% per annum. 10. Stay petition and pending applications, if any, stand disposed of. (REKHA BORANA),J 113- RAVI KHANDELWAL