Honble BALI, J.–Anil Kumar Surolia, a judicial officer presently posted as Additional Sessions Judge, Fast Track, Jhunjhunu through present writ filed by him under Article 226 of the Constitution of India seeks reimbursement with regard to the treatment that he had to go through in emergent circumstances.

(2). The cause of the petitioner has been opposed on the preliminary objections that the petitioner has approached this Court with inordinate delay and that no statutory or fundamental right of the petitioner has been infringed and therefore, writ under Article 226 of the Constitution of India is not competent.

(3). On merits, the petitioner was denied the relief on the ground that it was not a case of undergoing emergent treatment and that the hospital from where the petitioner got treatment was not in the list of hospitals approved by the Government.

(4). The bare minimum facts that need a necessary mention reveal that the petitioner was referred on 13.7.2000 to the SMS Hospital, Jaipur when he suffered heart attack at Deedwana. He was admitted in I.C.U. and was discharged on 5.8.2000. The petitioner had to go to Ahmedabad to meet his brother Anupam Surolia in August 2000 where he suffered another heart attack and was taken to Rajasthan Hospital at Ahmedabad where due to non- availability of heart surgeon, he was taken to Krishna Heart Institute where his Angiography and Angioplasty was done. Krishna Heart Institute charged a sum of Rs. 78,000/- towards Angiography and Angioplasty and other medical expenses. The petitioner submitted his representation for reimbursement of his mediclaim which was referred to the Registrar General of this Court by the Distt. Judge on 28.10.2000. Registrar General vide letter dated 23.11.2000 referred the case of the petitioner to the Secretary to Govt. Law and Legal Affairs. Principal, SMS Medical College however refused to sanction reimbursement of mediclaim of the petitioner on 11.12.2000. Constrained, the petitioner moved yet another representation to the Principal, SMS Medical College on 1.2.2001. His case was referred to the Registrar General of this Court who once again referred the case of the petitioner to the Secretary to Govt. Law and Legal Affairs on 1.2.2001. Principal, SMS Medical College once again refused to grant sanction for reimbursement of mediclaim on the ground that Krishna Heart Institute was not an approved institute of the Government of Rajasthan. Dy. Secretary to Govt. Law Department also refused the mediclaim of the petitioner on the ground that he was not referred out of the State for treatment and Krishna Heart Institute was not approved hospital under the Rajasthan Civil Service (Medical Attendant) Rules. this order was passed on 9.4.2001. Before invoking jurisdiction of this Court under Article 226 of the Constitution of India for the desired relief, the petitioner issued a notice for demand of justice on 2.7.2003 which was obviously not responded to by the respondents.

(5). That the petitioner had visited his brother in the State of Gujarat on the dates mentioned by him, is not is dispute. He suffered heart attack and was indeed treated at Krishna Heart Institute has also not been denied. The fact that the petitioner had suffered heart attack and required immediate treatment is thus not disputed, even though it is mentioned that treatment that the petitioner ultimately got was also available in SMS Hospital at Jaipur or for that matter, other approved hospitals in the State of Rajasthan.

(6). In the factual background as detailed above, we are of the firm view that even if the required treatment was available in SMS Hospital at Jaipur or other approved hospitals in the State of Rajasthan, the petitioner was indeed entitled to medical reimbursement if he had got the treatment elsewhere necessitated on account of circumstances beyond his control. Self preservance is the first instinct in every human being. Person having suffered heart attack is not expected to await tr

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