Case Note & Summary
The appeal arose from a dispute regarding medical reimbursement for an employee of the District & Sessions Court at Balotra, Rajasthan, who underwent heart surgery in New Delhi. The respondent sought full reimbursement of medical expenses after the State of Rajasthan granted only a partial reimbursement of Rs. 50,000, as per the applicable rules. The respondent filed a writ petition, which was initially allowed by a Single Judge, and the Division Bench upheld this decision, leading to the State's appeal. The State contended that the Division Bench erred in applying Rule 7 of the Rajasthan Civil Services (Medical Attendance) Rules, 1970, instead of Rule 6, which governs situations where an employee falls ill outside the state. The court noted that Rule 6 allows for reimbursement as if the employee were in Rajasthan, while Rule 7 applies only when treatment is unavailable in the state. The court referenced a precedent from State of Punjab and Others v. Ram Lubhaya Bagga, emphasizing that the government could limit medical facilities based on financial resources. Ultimately, the Supreme Court allowed the appeal, set aside the previous judgments, and dismissed the writ petition, clarifying that the earlier reliance on Shankarial's case was incorrect and would not be followed in the future. The court decided that the amount already paid to the respondent would not be recovered, acknowledging the prior interpretation of the rules. The appeal was allowed without costs.
Headnote
A) Administrative Law - Medical Reimbursement - Entitlement to Reimbursement - Rajasthan Civil Services (Medical Attendance) Rules, 1970, Rule 6 - The court clarified that Rule 6 applies when a government servant falls ill outside Rajasthan, entitling them to medical treatment as if they were in Rajasthan. The court held that the reliance on Rule 7 was erroneous as it pertains to treatments unavailable in Rajasthan, which was not the case here (Paras 6-9).
Issue of Consideration
Whether the respondent was entitled to full reimbursement of medical expenses incurred outside Rajasthan under the Rajasthan Civil Services (Medical Attendance) Rules, 1970.
Final Decision
The Supreme Court allowed the appeal, set aside the judgments of the Division Bench and the Single Judge, and dismissed the writ petition. The court clarified that the earlier reliance on Shankarial's case was incorrect and would not be followed in the future. The amount already paid to the respondent would not be recovered.
Law Points
- Medical reimbursement
- Rajasthan Civil Services (Medical Attendance) Rules
- 1970
- Rule 6
- Rule 7
- financial resources of the government
- legal interpretation of rules
