Rajasthan High Court - JodhpurVinod Kumar vs State & Ors on 11 November, 2008Author:Govind MathurBench:Govind Mathur1

              S.B. CIVIL WRIT PETITION NO.4030/2008.

    (VINOD KUMAR VS. STATE OF RAJASTHAN & ORS.)


DATE OF ORDER                    :              11.11.2008.


                HON'BLE MR. GOVIND MATHUR, J.Mr. G.R,. Punia for the petitioner.None present for the respondents.For claiming reimbursement of medical expenses in a

tune of Rs.1,09,961/- incurred in treatment of his father Late

Shri Vijay Singh, this petition for writ is preferred by the

petitioner.In brief, factual matrix of the case is that father of

the petitioner Shri Vijay Singh Punia, while in service of the

Government      of   Rajasthan       as   Senior     Teacher,      undergone

treatment at Rajiv Gandhi Cancer Institute and Research Center,

Delhi from 16.09.2000 to 23.01.2001.                Shri Vijay Singh Punia

died on 09.03.2001.       The petitioner after death of his father

submitted     required   medical      bills   and    all   other   necessary

documents to the competent authority to claim reimbursement

of medical expenses incurred in treatment of his father. The

Chief   Accounts     Officer   (Secondary       Education),        Rajasthan,

Bikaner under a letter dated 06.01.2005 referred case of the2petitioner to the Dy. Secretary to the Government of Rajasthan,

Department of Education (Group II) with a recommendation to

release the medical expenses as claimed. The Chief Accounts

Officer specifically stated that the Rajiv Gandhi Cancer Institute

and Research Center, Delhi is a recognized and enlisted hospital

under Rajasthan Civil Services (Medical Attendance) Rules, 1970.

It is stated by learned counsel for the petitioner that despite

completion of all necessary formalities, no decision is yet taken

by      the   respondents   regarding   reimbursement   of   medical

expenses incurred in treatment of late Shri Vijay Singh Punia. It

is pointed by learned counsel for the petitioner that the matter is

pending before the respondents because of certain ministerial

issues only.This Court by the order dated 07.07.2008, issued

notices to the respondents as to why the petition for writ be not

finally heard and accepted as prayed at admission stage.

Despite service of notice, no body has put in appearance on

behalf of the respondents.      The resultant position is that I am

having no option but to accept whatever stated in the petition for

writ.As per the documents annexed with the writ petition,

it is apparent that father of the petitioner late Shri Vijay Singh

Punia remained an indoor patient at           Rajiv Gandhi Cancer3Institute and Research Center at Delhi from 16.09.2000 to

23.01.2001. Ultimately he died on 09.03.2001. A detailed bill

was submitted by the petitioner to the competent authority of

the Department of Education claiming a sum of Rs.1,09,961/- as

medical expenses incurred in treatment of late Shri Vijay Singh

Punia, with an application for reimbursement of the same. The

case of the petitioner was forwarded by the Chief Accounts

Officer to the Dy. Secretary to the Government of Rajasthan,

Bikaner   for   consideration   of   the   State   Government    on

06.01.2005. Subsequent thereto, certain queries were made by

the Accounts Officer from the school where father of the

petitioner was working.Be that as it may, it is not in dispute that late Shri

Vijay Singh Punia remained in indoor patient at       Rajiv Gandhi

Cancer Institute and Research Center at Delhi and a bill of

medical expenses was submitted by the petitioner to the

competent authority and that was referred for consideration to

the State Government and till today no decision is taken by the

respondents.    The respondents, as per the Rules of 1970 are

required to consider and reimburse the medical expenses

incurred in treatment of a government servant. There is no just

reason to deny the reimbursement of the medical expenses

claimed by the petitioner in treatment of his father late Shri Vijay4Singh Punia, who was in employment of Government of

        Rajasthan and died while in service on 09.03.2001.For the reasons above, the petition for writ stands

        allowed. The respondents are directed to reimburse the amount

        of medical expenses claimed by the petitioner   with interest @

        5.5% per annum within a period of three months from the date

        the petitioner serves a certified copy of this order upon the

        respondents Nos. 2 and 3.No order to cost.(GOVIND MATHUR)J.


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