HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 177/2018

Dr. Rajkumar Saraf S/o Purushottam Ji Saraf, aged about 62

years By Caste Saraf, Resident Of Behind Post Office, Rajgarh,

Churu. ----Petitioner

Versus

1.

State Of Rajasthan Through The Principal Secretary,

Department Of Medical And Health Services, Govt. Of

Rajasthan, Jaipur.

2.

The Director, Department Of Medical And Health Services,

Govt. Of Rajasthan, Jaipur.

----Respondents

For Petitioner(s)

:

Mr. C.S. Bissa

For Respondent(s)

:

Mr. Siddarth Mewara for

Ms. Vandana Bhansali

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

PRONOUNCED ON:

:::

22/09/2022

RESERVED ON

:::

19/09/2022

By way of the present writ petition, the petitioner has prayed

for reimbursement of expenses qua the Liver Transplant Surgery

involving deceased liver donor undergone by him.

Brief facts of the case are that the petitioner was suffering

from chronic liver cirrhosis and was taken to SMS Hospital, Jaipur;

there the petitioner was advised and referred by the doctors to

AIIMS, New Delhi. The doctors at AIIMS, New Delhi advised the

petitioner to get operated at Apollo Hospital, Chennai due to non-

availability of treatment. The petitioner in dire need of liver

transplant operation was operated on 21.04.2014 and discharged

on 28.04.2014 from Apollo Hospital, Chennai. A sum of

₹26,02,500/- was incurred as expenditure for the above-

mentioned treatment/surgery. An application was submitted by

(2 of 5)

[CW-177/2018]

the petitioner claiming medical reimbursement of expenses

incurred qua the liver transplant surgery. The respondent-

authorities vide order dated 29.05.2017, accepted the claim

partially to the tune of ₹6,00,000/-. The petitioner being

aggrieved by partial acceptance of medical reimbursement claim,

has preferred the present writ petition.

Learned counsel for the petitioner submitted that in an

emergent condition, the petitioner was admitted in Apollo

Hospital, Chennai due to non-availability of treatment in the

parent state therefore, petitioner is entitled to the entire

reimbursement amount claimed. Counsel vehemently submitted

that denial of full reimbursement of medical bills is also

discriminatory as complete reimbursement has been made in

favour of employees who have undergone similar specialised

treatment.

Per contra, learned counsel for the respondents submitted

that the application submitted by the petitioner claiming

reimbursement of expenses incurred qua the treatment was

considered in consonance with the Rajasthan Civil Services

(Medical Attendance) Rules, 2013. Counsel further submitted that

the petitioner has undergone liver transplant operation on

21.04.2014 and the State Government vide notification dated

30.04.2015 prescribed ceiling rates for reimbursement for Liver

Transplant Surgery, therefore, a subsequent notification does not

apply to the present case. Counsel urged that the order dated

29.05.2017, accepting partial claim of the petitioner should not be

interfered with.

(3 of 5)

[CW-177/2018]

Heard learned counsel for the parties and perused the

material available on record.

Indisputably, the petitioner was a diagnosed patient of HCV

related decompensated chronic liver disease, Genotype IIIa child

B, MELD-15. The petitioner was being treated at SMS, Jaipur

where the doctors referred him to AIIMS, New Delhi. The facility of

Liver Transplant Surgery at the relevant time was neither available

in SMS Hopsital, Jaipur nor in AIIMS, New Delhi, because of which

the petitioner had to get operated at Apollo Hospital, Chennai.

Subsequently, he underwent ‘Liver Transplant Surgery’ on

21.04.2014.

The Medical Board constituted by the respondents to assess

genuineness of treatment