Rajasthan HC Directs Medical Reimbursement To Retired Govt Lecturer, Earlier Denied Due To Treatment At Unrecognized Private Hospital

The Jodhpur bench of the Rajasthan High Court recently granted relief to retired government lecturer who was denied medical reimbursement by the State in 2008, for his heart surgery pursuant to suffering a heart attack, on the ground that he had received treatment from a non-recognized private hospital.Justice Arun Monga referred to a decision of a coordinate bench in Kanhaiya Lal Dave Versus State of Rajasthan which states: “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…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…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…”The petitioner who worked at District Institute of Education and Training, Jodhpur and retired in 2002, suffered a cardiac arrest in 2007. Under emergency, he was admitted to Goyal Hospital, Jodhpur, for treatment and to save his life, the doctors recommended immediate surgery. Consequently, on June 1, 2007, the petitioner underwent heart surgery at the hospital and was discharged some days later. By letter dated June 16, 2008 petitioner's claim for medical reimbursement was rejected on the ground that he was treated in 2007 at a non-recognized hospital. Notably the hospital was recognized by the respondent department as an authorized hospital. Against this the petitioner moved the high court in 2011.The State submitted that the medical reimbursements of pensioners was governed by the Rajasthan Pensioners Medical Concession Scheme that permitted free medical attendance and treatment for pensioners only at authorized hospitals. This argument was rejected by the Court in light of the Kanhaiya Lal judgment, observing that there was no reason for rejecting the benefit of the judgment to the petitioner who was similarly situated."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," the court added. Accordingly, the petition was allowed, and the State was directed to process the medical bills of the petitioner with an interest at the rate of 6%.Title: Sohan Lal Sharma v State Finance and Ors.Citation: 2025 LiveLaw (Raj) 29Click Here To Read/Download Order

Rajasthan HC Directs Medical Reimbursement To Retired Govt Lecturer, Earlier Denied Due To Treatment At Unrecognized Private Hospital

Nupur Agrawal

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