judgment

S.B. Sinha, J. —

1.Leave granted in both the matters.

2.Interpretation and/or application of Medical Benefit Rules applicable in the State of Karnataka as also in the State of Rajasthan is in question before us in these appeals which arise out of the judgment and order dated 20th June, 2005 passed by a Division Bench of the Karnataka High Court in Writ Petition No. 10942 of 2005 and that of the judgment and order dated 4th August, 2005 passed by a Division Bench of the High Court of Rajasthan, Jaipur Bench, Jaipur in D.B. Civil Writ Petition No.6502 of 2004 respectively.

3.Respondent in the Karnataka case is an officer working in the Office of the Department of Commercial Taxes. He underwent ‘Coronary Artery’ Bypass Surgery in the Wockhardt Hospital and Heart Institute having been admitted on 19th June, 2000. A sum of Rs.1,50,600/- was said to have been incurred by him by way of medical expenses. He claimed re-imbursement thereof. The State of Karnataka sanctioned and reimbursed a sum of Rs.39,207/-. Feeling aggrieved, a writ petition was filed which, by reason of the impugned judgment, has been allowed.

4.Rajasthan case, relates to one Ajay Upadhyay, who was a Judicial offic