Honble MEENA, J.–By this writ petition the petitioner has prayed that respondents be directed to reimburse Rs. 1,34,400/- as this amount has been spent by the petitioner for by-pass surgery and replacement of heart valves, and the respondents be further directed to re-imburse Rs. 16,000/- against post operative periodical check up treatment at Escorts Hospital, New Delhi and travelling expenses.

(2). The petitioner retired from the post of Commercial Taxes Officer from Commercial Taxes Department of Rajasthan in January, 1982. The petitioner was member of Rajasthan Commercial Taxes Service, after retirement he was granted pension according to Rajasthan Service Rules.

(3). The petitioner fell sick on 11.3.91.He was first examined by Dr.S.K. Kaushik (Cardiologist), Govt. Hospital, Udaipur. Dr. Kaushik advised the petitioner that he should undergo Echo Cardiography, Cardiac Cath L.V. and Coronary Ageography test. That facility was not available at Udaipur. A certificate was also issued to this effect by the concerned Doctor of Udaipur.

(4). The petitioner came to Jaipur and got himself examined at SMS Hospital by Dr. Amrit Khalsa, Associate Professor & Consulting Cardiologist. The petitioner was advised by Dr. Khalsa to undergo Angiography and other specialised test. On 26.3.91 the petitioner has also consulted Dr. Ashok Jain for third opinion. He has also advised the petitioner to immediately consult specialist for Heart surgery.

(5). The petitioner was examined on 2.4.91 at Escorts Heart Institute, Delhi. The petitioner was advised for admission and operation of heart.

(6). The petitioner got himself admitted on 16.4.91 in Escorts Heart Institute and got operated for by pass surgery. The petitioner was discharged on 7.5.91. On 21.4.92 the petitioner submitted a representation to the Principal, RNT Medical College, Udaipur praying to re-imburse the medical expenditure incurred by him for heart surgery. The representation of the petitioner was forwarded to Medical Secretary. The member Secretary returned the papers of the petitioners stating that by pass surgery expenditure cannot be reimburse as the petitioner got himself operated without the prior approval/reference of the Principal, Medical College, Udaipur.

(7). Learned counsel for the petitioner Mr. Joshi has submitted that when the petitioner went Delhi and got himself examined at Escorts Heart Institute, he was advised for admission and operation of heart. He had no money, therefore, he asked for time and ultimately he was admitted on 16.4.91 thereafter he got operated. Mr. Joshi submits that he was not in a position to move from Delhi, therefore, he could not get a certificate from the Principal of Medical College Jaipur/Udaipur. Therefore the expenses incurred by the petitioner for by pass surgery they be reimbursed, and he placed reliance on the decision 1996(1) SLR 786(1).

(8). The sub rule 1 of Rule 17 of the Rajasthan Civil Services (Medical Attendance) Rules, 1970 (hereinafter to be referred as `Rules, 1970) reads as under :–

``(1) A Government servant and the members of his family suffering from a disease for which treatment is not available in any Government Hospital in the State shall be entitled to medical attendance and treatment to the extent indicated in sub-rule (2) of this rule in a Hospital/Institution outside the State recognised by the Government, provided that it is certified by the Principal of a Medical College/Director of Medical & Health Services on the basis of opinion of the Authorised Medical Attendant to the effect that the treatment of a particular disease from which the patient is suffering is not available in any Government Hospital in the State and it is considered absolu- tely essential for the recovery of the patient to have treatment at a hospital outside the State.

(9). The aforesaid sub-rule (1) of rule 17 of the Rules, 1970 is clear that a Government servant and the members of his family if suffering from any disease for which treatment is not

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