[2026:RJ-JP:28506] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 21913/2019 CNR: RJHC021131052019 | URN: CW / 40884U / 2019 Sirajudeen S/o Shri Kamruddin, Aged About 64 Years, R/o Village And Post Sablana, Tehsil Kumher, Distt. Bharatpur. ----Petitioner Versus 1. State Of Rajasthan, Through Principle Secretary, Finance Department, Government Secretariat, Jaipur. 2. State Of Rajasthan, Through Principle Secretary, Public Health And Engineering Department, Government Secretariat, Jaipur. 3. Treasury Officer, Distt. Collectorate, Distt. Bharatpur. ----Respondents For Petitioner(s) : Mr. Vinod Kumar Singhal For Respondent(s) : Mr. Shubham Gupta for Mr. Rahul Lodha, AGC Ms. Sneha Kaushal for Mr. Neeraj Batra, G.C. HON'BLE MS. JUSTICE REKHA BORANA Order 23/07/2026 1. The present writ petition has been filed aggrieved of communication dated 13.08.2019 (Annexure-5) whereby the claim qua medical reimbursement as raised by the petitioner stood rejected. 2. The reason for rejection as assigned was that the treatment undertaken by the petitioner was with an unrecognized hospital. Further, in terms of Rule 11 of the Rajasthan Civil Services (Medical Attendance) Rules, 2013 (hereinafter referred to as 'the Rules of 2013'), the reimbursement is permissible only in case of [2026:RJ-JP:28506] (2 of 4) [CW-21913/2019] grave emergency for life threatening disease or in case of an accident. 3. Heard the Counsels. 4. Rule 11 of the Rules of 2013 reads as under: "11. Indoor Treatment in a private unrecognised hospital within the State and out side the State in case of emergent circumstances - The reimbursement shall be allowed to the extent prescribed in Appendix- IX & Appendix-XIII for the charges paid by a Government servant on account of medical attendance and treatment as indoor patient in private unrecognized hospital within the State or out side the State in case of grave emergency for life threatening diseases or in case of accident. The emergent nature of hospitalization in private hospitals has to be established by an affidavit of the employee supported by a certificate of the treating doctor. No follow-up treatment shall be allowed in the cases where the treatment has been undertaken in emergent circumstances." 5. While dealing with the aspect whether it is mandatory to undertake treatment in a government hospital even in an emergent situation, Hon’ble the Apex Court in Surjit Singh Vs. State of Punjab and Ors.; AIR 1996 SC 1388 held as under: “10. ........... ............ In such an urgency one cannot sit at home and think in a cool and calm atmosphere for getting medical treatment at a particular hospital or wait for admission in some Government medical institute. In such a situation, decision has to be [2026:RJ-JP:28506] (3 of 4) [CW-21913/2019] taken forthwith by the person or his attendants if precious life has to be saved. We share the views afore-expressed.” 6. While dealing with the aspect where treatment was undertaken in an unrecognized hospital and that too, out of State, Hon'ble the Division Bench of this Court in State of Rajasthan & Ors. Vs. Tikam Chand Maloo; D.B. Special Appeal Writ No.1124/2015 held as under: “Upon consideration of the aforesaid judgment coupled with the Rules, so also, adjudication made in the connected appeal being DBSAWNo.1192/2014 (State & Ors. Vs. Jawahar Lal Bohra) decided today itself, it is obvious that this Court took view that in emergent situation, if the Govt. employee took treatment outside the State that too in unrecognized hospital, as per Rules then also, he is entitled for reimbursement of the medical expenses which are scheduled under the Rules.” 7. Further, this Court, in Juhar Singh Solank Vs. Swami Keshwanand Rajasthan Agricultural University & Anr.; S.B. Civil Writ Petition No. 15979/2017 (decided on 20.10.2022), has also taken a view that reimbursement cannot be denied on the ground that medical treatment was undertaken in a private or unrecognized hospital. Therein, it was held that the department is under an obligation to reimburse the amount to the extent permissible under the Rules governing the same. [2026:RJ-JP:28506] (4 of 4) [CW-21913/2019] 8. In view of the ratio as laid down in the above mentioned judgments, the present writ petition is partly allowed. The respondent Authorities are directed to consider the medical bills submitted by the petitioner and reimburse the amount as permissible in terms of Rules of 2013. The complete consideration and the reimbursement thereof would be made within a period of three weeks from the date of the receipt of the present order. It is made clear that the said amount would carry interest @ 6% per annum. 9. Stay petition and pending application, if any, stand disposed of. (REKHA BORANA),J 82/ARVIND