JUDGMENT

Rekha Borana, J. - The present writ petition has been filed with a prayer for reimbursement of the medical claim of the petitioner which was incurred qua his treatment for brain hemorrhage. The submission of the petitioner is that he had suffered brain hemorrhage and in an emergent condition, he was admitted to Goyal Hospital, Jodhpur and underwent treatment there. After two days of hospitalization i.e. from 04.09.2009 to 06.09.2009 at Goyal Hospital, Jodhpur he was referred to Sir Ganga Ram Hospital, New Delhi and remained hospitalized there from 07.02.2009 to 04.03.2009. At Sir Ganga Ram Hospital, New Delhi he underwent a surgery and qua the complete treatment, he incurred an expenditure of Rs. 5,07,919/- (Rs. 85,204/- incurred at Goyal Hospital, Jodhpur and Rs. 4,22,715/- incurred at Sir Ganga Ram Hospital, New Delhi). When the medical claim was raised with the respondent-Department, only Rs. 25,000/- was sanctioned qua the same.

2. It has been argued by learned counsel for the petitioner that he being admitted in a private hospital due to the emergent condition of brain hemorrhage and then referred to a higher center by the local Doctor, was entitled for reimbursement of