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]
