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2003 Supreme(Raj) 719

ASHOK PARIHAR
V. P. Saxena – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
S.P. Sharma, for Petitioner M. Rafiq, AAG for Respondents

Honble PARIHAR, J.–This is yet another case of insensitive and bureaucratic attitude of the officers of the respondents. The petitioner, after his retirement from government service in the year 1992, was recommended for Heart Surgery at All India Institute of Medical Science (AIIMS), New Delhi. However, due to strike of Resident Doctors in the AIIMS from 7.2.1999, the petitioner, in emergent circumstances, had to undergo the Surgery at Escorts Hospital, New Delhi, on 23.2.1999. As has come on record, even till 23.2.1999 the Doctors at AIIMS were on strike. After operation, the petitioner submitted his medical expenses bills for reimbursement. Having been refused to make the reimbursement as per relevant rules, as applicable at the relevant time, the present writ petition has been filed by the petitioner seeking relief accordingly.

(2). It has been submitted on behalf of the petitioner that as per order dated 12.5.1998 certain amendments were made in the Rajasthan State Medical Pensioners Concessions Scheme thereby the existing words and figures ``@ 80% of hospital expenditure or Rs. 50,000/- whichever is less, appearing in Sub-para (1) of Para 4 (A) were substituted by the words and






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