1989 Supreme(Raj) 200
Rajasthan High Court
Honble K.S. Lodha and R.S. Verma, JJ.
Uma Shanker Bhargava - Appellant
Versus
State of Rajasthan (143) - Respondents
D.B. Civil Writ Petition No. 508 of 1989
Decided On : May 15, 1989
M. Mridul, for Petitioner M.I. Khan, Addl. Advocate General.
Headnote:(a) Rajasthan Civil Services (Medical Attendance) Rules, 1970, R. 7 and 12 (2)—Relaxation for the provision of R. 7—Hostile discrimination means negation of the principles of fair play and justice—Petitioner has no vested right to be reimbursed for treatment abroad—He has a right to be treated at par with such officers who formed a class with him in the matter of relaxation of Rules—No valid, convincing or cogent reason for the discrimination. (Para 35)(b) Rajasthan Civil Services (Medical Attendance) Rules, 1970, R. 12 (2) and Circular issued on 21.2.1989.—Circular can have only prospective application—The guide lines have to be consistent with the statutory provisions—If the rules are silent on any particular point the government can definitely fill up the gaps and supplement the rules. (Para 23 & 24)
(1) Shri A.K. Bhargava, Additional Chief Engineer, P.H.E.D.
(2) Shri Gopesh Bhatta, I.A.S.
(3) Shri B.P. Bhargava, I.A.S.
(4) Shri O.P. Bhargava, R.A.S.
(5) Shri Dardi, Executive Engineer, P.H.E.D. and Doctors.
(6) Shri S.C. Mathur, &
(7) Shri A.B.L. Mathur.
2. The case of the petitioner is that his ailments have been aggravated recently and hence the Registrar, Rajasthan High Court recommended his case, to the Govt. of Rajasthan, for open heart surgery in Houston (U.S.A.) vide Annex. I. In this connection, the petitioner was examined by a Medical Board constituted by the Principal and Controller, Dr. Sampurnanand Medical College and allied hospitals vide Annex. 4. The Board gave its report Annex. 5, recommending the petitioner for surgery abroad. On the basis of this report, the said Principal also recommended the petitioner for surgery abroad vide Annex. 6. In this very connection, the Deputy Secretary to the Govt. in Law & Legal Affairs Department of the State desired the petitioner to send some further information and material and also asked him to provide a report from the Principal, S.M.S. College, Jaipur. Dr. S, R. Mehta, Principal, S.M.S. Medical College, Jaipur issued his certificate Annex. 8 on 29.12.1988 in this regard, recommending valve replacement, coronary angiography and Bypass surgery. The case of the petitioner was, then, processed in the government. It may, here, be stated that at no time during such processing, the reports of the Medical Board or of the Principals Dr. Sampurnanand Medical College, Jodhpur and S.M.S. College, Jaipur were questioned or doubted. Eventually, the govt. by its order Annex. 9 informed the Registrar, Rajasthan High Court that the Govt. has taken a decision that if a govt. servant wants treatment abroad for better facilities, or better patient care/after operation care, he may do so at his own expenses and the Govt. may consider reimbursement only to the extent of actual hospital expenses which would have been (incurred) if the treatment was (taken) within India. Thus practically, the request of the petitioner for treatment abroad at govt. expenses was turned down.
3. The petitioner complains of hostile, discriminatory treatment by the govt. and it is contended on his behalf that when similarly situated officers were reimbursed for their treatment abroad, his case standing on an equal footing, the govt. could not have treated him differently and may be directed to make available a sum of 11,500 Ponds, necessary to enabl