The right to medical aid is fundamental under Article 21, and reimbursement for treatment at private hospitals during emergencies cannot be denied, upholding the principles of fairness and timely administrative action.

ORDER :

FARJAND ALI, J.

1. The present writ petition has been instituted by the petitioner under Article 226 of the Constitution of India, with a prayer for issuance of an appropriate writ, order or direction to the respondents to reimburse the medical expenses incurred by the petitioner towards the treatment of his wife, along with interest at the rate of 12% per annum from the date of incurrence of expenditure till the date of actual payment by the respondents.

2. Briefly stated the facts of the case are that the petitioner is serving as a Patwari under the Government of Rajasthan. His wife, Smt. Sunder Devi, had gone to Surat along with their son to assist her brother engaged in business there. During her stay, she developed a severe renal ailment and was admitted to Mahaveer General Hospital, Sangrampura, Surat in a critical condition. Upon receiving information, the petitioner reached Surat, where the attending doctors informed him that both kidneys of his wife had failed, necessitating urgent surgery and continued dialysis twice a week.

2.1. The petitioner incurred medical expenses amounting to Rs. 80,992/- up to 01.09.2005 and, due to the continued treatment requirements, submitted an application to the District Collector (Land Records), Jalore, seeking reimbursement and allocation of a special budget. The Tehsildar (Land Records), Jalore, recommended reimbursement and further allotment of funds vide letter dated 01.09.2005. The District Collector accordingly forwarded the case to the Additional Registrar (Finance & Accounts), Board of Revenue, Ajmer, on 20.09.2005.

2.2. The Additional Registrar raised certain queries, which were duly clarified by the District Collector and the petitioner through successive correspondences dated 25.11.2005 and 09.05.2006. Meanwhile, the petitioner’s wife succumbed to her illness on 04.04.2006. The Collector recommended reimbursement of Rs. 2,29,465/– towards the total treatment expenditure.

2.3. Vide communication dated 15.06.2006, the Additional Registrar requested the Deputy Secretary, Revenue (Group–II), Government of Rajasthan, Jaipur, to sanction reimbursement by granting relaxation in rules. The District Collector, Jalore, reiterated through letter dated 04.12.2006 that the petitioner was entitled to full reimbursement under the Rajasthan Civil Services (Medical Attendance) Rules, 1970 (hereinafter referred as ‘the Rules of 1970).

2.4. The Revenue Department, however, sought a valuation from the S.M.S. Hospital, Jaipur, for an equivalent treatment cost. The hospital assessed the amount at Rs. 50,000/–. Acting on this, the petitioner furnished an undertaking dated 19.04.2007, agreeing to accept Rs. 50,000/– as per the S.M.S. Hospital’s estimation. The Collector forwarded the same to the Board of Revenue for budgetary sanction.

2.5. Despite repeated communications between the year 2007 and 2008 from the District Collector, Jalore, and the Board of Revenue to the Finance Department and Revenue (Group–II) Department, the reimbursement was never sanctioned. After a lapse of two years and no disbursement, the petitioner withdrew his undertaking vide letter dated 17.07.2009.

2.6. The petitioner contends that treatment at Mahaveer General Hospital, Surat was necessitated by an emergent medical situation, and as held in various judgments of the Hon’ble High Courts and the Hon’ble Supreme Court, medical reimbursement cannot be denied merely because treatment was undertaken outside the State or in a private hospital during an emergency.

2.7. The petitioner’s total claim of Rs. 2,25,000/– remains unpaid. Even the partial amount of Rs. 50,000/–, to which he had consented earlier, was never