Sunday, 19 January 2025

Rajasthan HC: The govt can not deny medical reimbursement of its employee if he has taken treatment in Unrecognized Private Hospital in emergent situation

 Illustratively, reference may be had to the judgment

rendered by a Coordinate Bench of this Court in Kanhaiya Lal

Dave Versus State of Rajasthan & Ors.: S.B. Civil Writ

Petition No. 420/2009, which in turn relies on another division

bench precedent, wherein it is held as below:

“8.This Court considered the issue of emergent situation in the case

of Gyanendra Kumar Pareek Vs. State of Rajasthan & Ors. Reported

in 2009(4) WLC(Raj.)-95 and held that when a family member

suffers from cardiac ailment, the prime objective of the other family member would be to save his/her life. At that time, services of whichever hospital is suited could be utilized because emergency knows no law and no procedure and when human life is at stake, in such situation, ultimate responsibility of the State cannot be washed off. This Court relied upon the decision of the Division Bench of this Court in Anil Kumar Surolia Vs. State of Rajasthan reported in 2005(3) WLC(Raj.)- 396 wherein the Division Bench observed as under:-

“Government cannot insist upon an employee

to get himself treated at recognized 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

recognized government institution. Reference in this

connection may be made to the judgment of the

Honble Supreme Court in Surjit Singh Vs. State of

Punjab reported in AIR 1996 SC-1388 and State of

Punjab & Ors. Vs. Mohan Lal Jindal reported in

(2001) 9 SCC-217. Consequently, the reimbursement

of the medical expenses borne by the State

Government employees and pensioners has to be done

even if the treatment is undertaken at unrecognized

hospital outside the State even though reference may

not have been taken prior to treatment.”

x-x-x-x-x-x-x

10.Thus, as per scheme of medical concession applicable to the retired employees, the only hurdle against the petitioner for being granted reimbursement of the medical bills is that his wife was subjected to treatment at an unrecognised hospital outside the State and that too without a reference being made. However, as has been noted above, the Division Bench of this Court has already laid the issue to rest by observing that even if the treatment is taken at an unrecognized hospital and without any reference, the reimbursement thereof has to be done at the rates prescribed in the Concession Scheme. x-x-x-x-x-x”

11. On a specific query being put to the learned counsel for the respondents, as to whether the aforesaid judgment is applicable to the case of the petitioner herein; the answer given is in the affirmative. Not only that, it transpires that the aforesaid Single Bench Judgment has attained finality as no intra-Court appeal was filed against the same.

12. In the premise, I see no reason why the benefit thereof is

not also accorded to the petitioner, who is similarly situated.

Question framed in Para 5 of the preceding para of the instant

order is thus answered in affirmative.

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 5714/2011

Sohan Lal Sharma Vs  State Finance And Ors

HON'BLE MR. JUSTICE ARUN MONGA

Dated: 04/12/2024.

Citation: [2024:RJ-JD:49546]

1. Grievance of the petitioner herein arises out of an order

dated 27.05.2008 (Annex.5), vide which his claim for medical

reimbursement was rejected on the ground that he received

treatment from a non-recognized hospital. Further, he seeks

quashing of a subsequent communication dated 16.06.2008

(Annexure 6) which it was reiterated that his claim cannot be

accepted.

2. Relevant facts first. The petitioner served as a Lecturer at

District Institute of Education and Training (D.I.E.T.), Jodhpur until

he superannuated on 31.01.2002. As a confirmed and regular

employee of the State of Rajasthan, he was entitled to all benefits,

including medical benefits admissible to State Government

employees.

2.1. On 25.05.2007, petitioner suffered a cardiac arrest. Under

emergency, he was admitted to Goyal Hospital, Jodhpur, for

treatment. To save his life, doctors recommended immediate

[2024:RJ-JD:49546] (2 of 5) [CW-5714/2011]

surgery. Consequently, on 01.06.2007, the petitioner underwent

heart surgery at the hospital and was discharged on 12.06.2007.

2.2. At the relevant time, the Hospital i.e. Escorts Goyal Heart

Center, Jodhpur provided cardiac care facilities in collaboration

with Escorts Heart Institute & Research Center, New Delhi. After

recovering from the ailment, the petitioner submitted a medical

reimbursement claim of Rs. 2,03,063.86 before the competent

authority. On 02.03.2008, he also executed an affidavit affirming

his admission to the hospital from 25.05.2007 to 12.06.2007.

2.3. By letter dated 16.06.2008 petitioner's claim for medical

reimbursement was rejected on the ground that he was treated in

year 2007 at a non-recognized hospital.

2.4. Pertinently, in 2008, aforesaid Goyal Hospital, Jodhpur, was

recognized by the respondent department as an authorized

hospital. Following this recognition, medical reimbursement claims

of other state employees, treated at the hospital, were duly

processed and accepted. However, petitioner’s claim was denied

on the ground that the hospital was not recognized at the time of

his treatment. His surgery was undertaken in a life-threatening

situation, with no other viable alternative, is not in dispute. Hence

this petition.

3. Stand taken by the respondents in their counter-affidavit,

inter alia, is that medical reimbursement of pensioners is

governed by the Rajasthan Pensioners Medical Concession

Scheme (hereinafter referred to as "the Scheme"). The Scheme

permits free medical attendance and treatment for pensioners

only at authorized hospitals, clinics, or institutes as per Clauses 4

to 4(g). The petitioner’s claim does not comply with these

[2024:RJ-JD:49546] (3 of 5) [CW-5714/2011]

provisions. Reimbursement is permitted only under the prescribed

rules and limits, and government employees cannot claim

expenses beyond what is provided under these rules. The Finance

Department (Rules Division) of the Government of Rajasthan

issued Circular No. F.6(4)FD (Rules)/03 PT dated 05.05.2011

providing guidelines for medical reimbursement claims, including

those for cardiac surgeries and other treatments. The petitioner is

not entitled to full reimbursement of the expenses incurred for his

bypass surgery as the treatment was availed at a private,

unrecognized hospital, contrary to the provisions of the scheme.

Hence, the present writ petition is liable to be dismissed.

4. In the aforesaid backdrop, I have heard the rival contentions

and gone through the case record.

5. What emerges before this Court for adjudication lies in a

very narrow compass, i.e., whether a Government Official or a

pensioner, in an emergent situation, having undergone treatment

at a private hospital, is entitled to seek reimbursement of the

medical expenses?

6. Before addressing the issue, first and foremost, what

requires to be noticed is that the petitioner herein was in an

emergent situation is not disputed, as is borne out from the stand

taken in the reply.

7. The petition is being opposed on the ground that since the

private hospital was not empaneled, therefore, the only admissible

claim of the petitioner has to be the upper limit of the expenses

payable to him as notified under the Service Rules.

8. Learned counsel for the respondents apprises the Court that

the petitioner has already been paid a sum of Rs.48,000/- as per

[2024:RJ-JD:49546] (4 of 5) [CW-5714/2011]

the Rules. He contends, that the petitioner is not entitled to the

balance of the claim as per his medical bills qua the expenditure

incurred in the unpaneled private hospital.

9. I am unable to persuade myself with the stand taken by the

learned counsel for the respondents in light of the settled position

of law, vide a catena of judgments rendered from time to time.

10. Illustratively, reference may be had to the judgment

rendered by a Coordinate Bench of this Court in Kanhaiya Lal

Dave Versus State of Rajasthan & Ors.: S.B. Civil Writ

Petition No. 420/2009, which in turn relies on another division

bench precedent, wherein it is held as below:

“8.This Court considered the issue of emergent situation in the case

of Gyanendra Kumar Pareek Vs. State of Rajasthan & Ors. Reported

in 2009(4) WLC(Raj.)-95 and held that when a family member

suffers from cardiac ailment, the prime objective of the other family

member would be to save his/her life. At that time, services of

whichever hospital is suited could be utilized because emergency

knows no law and no procedure and when human life is at stake, in

such situation, ultimate responsibility of the State cannot be washed

off. This Court relied upon the decision of the Division Bench of this

Court in Anil Kumar Surolia Vs. State of Rajasthan reported in

2005(3) WLC(Raj.)- 396 wherein the Division Bench observed as

under:-

“Government cannot insist upon an employee

to get himself treated at recognized 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

recognized government institution. Reference in this

connection may be made to the judgment of the

Honble Supreme Court in Surjit Singh Vs. State of

Punjab reported in AIR 1996 SC-1388 and State of

Punjab & Ors. Vs. Mohan Lal Jindal reported in

(2001) 9 SCC-217. Consequently, the reimbursement

of the medical expenses borne by the State

Government employees and pensioners has to be done

even if the treatment is undertaken at unrecognized

hospital outside the State even though reference may

not have been taken prior to treatment.”

x-x-x-x-x-x-x

10.Thus, as per scheme of medical concession applicable to the

retired employees, the only hurdle against the petitioner for being

granted reimbursement of the medical bills is that his wife was

subjected to treatment at an unrecognised hospital outside the State

and that too without a reference being made. However, as has been

noted above, the Division Bench of this Court has already laid the

issue to rest by observing that even if the treatment is taken at an

unrecognized hospital and without any reference, the reimbursement

thereof has to be done at the rates prescribed in the Concession

Scheme. x-x-x-x-x-x”

11. On a specific query being put to the learned counsel for the

respondents, as to whether the aforesaid judgment is applicable to

the case of the petitioner herein; the answer given is in the

affirmative. Not only that, it transpires that the aforesaid Single

Bench Judgment has attained finality as no intra-Court appeal was

filed against the same.

12. In the premise, I see no reason why the benefit thereof is

not also accorded to the petitioner, who is similarly situated.

Question framed in Para 5 of the preceding para of the instant

order is thus answered in affirmative.

13. Accordingly, the petition is allowed. Respondents are directed

to verify and process the medical bills of the petitioner, and if

found in order, his claim to be processed as prescribed rates, and

after deducting the amount already paid, the balance be paid with

interest @ 6% with effect from 30 days after the submission of

the bills from the actual date of it.

14. Pending application(s), if any, stand disposed of.

(ARUN MONGA),J


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