JUDGMENT

H.L. Gokhale, J.

1. Leave granted.

2. This appeal by special leave by the State of Rajasthan is preferred against the Judgment dated 5th September, 2007 of a Division Bench of the High Court of Judicature for Rajasthan at Jodhpur in D.B. Civil Special Appeal No. 749 of 2007 dismissing the appeal filed by the Appellant against the judgment and order passed by a learned Single Judge of that Court dated 12th September, 2006 in Civil Writ Petition No. 2611 of 2006.

3. The facts giving rise to the present appeal are thus:

The Respondent was an employee working in the District & Sessions Court at Balotra, Rajasthan. He had gone to Uttaranchal on leave where he suffered a heart ailment. On his way back to Balotra, he suddenly fell ill and got admitted in the Escort Heart Institute in New Delhi and was operated for by-pass surgery. He claimed the reimbursement of the full medical expenses from the State of Rajasthan. The State Government accepted his request to a limited extent and granted him reimbursement upto an amount of Rs. 50,000/- which was permissible as per the Rules.

4. The Respondent felt aggrieved and hence filed a writ petition which was allowed by the learned Single Judge