JUDGMENT

The present writ petition has been filed by the petitioner for reimbursement of his medical expenses amount of Rs.33,906/- incurred for a surgery of right eye at All India Institute of Medical Science (AIIMS), New Delhi. The petitioner was a Government Doctor, who retired on 31.08.2006. In the present petition petitioner stated that he suffered in his right eye an ailment named Mecular Hole and the diagnosis was Pseudophahia c Idipathic FTMH Stage 2. An emergency arose when he was with his son at Delhi and because of the emergent situation he was rushed to All India Institution of Medical Science (AIIMS), New Delhi, wherein he was admitted and operated for the ailment. He remained hospitalized from 07.05.2011 to 11.05.2011 and for the said complete period of hospitalization and surgery an amount of Rs. 33,906/- was incurred of which he claimed the reimbursement. The said claim of the petitioner was allegedly returned by the Directorate of the Pension & Pensioners Welfare Department on the ground that:

firstly, the treatment of the petitioner had been undertaken in a private hospital outside the State of Rajasthan; secondly, there was no certificate of any emergent situation