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Judgment
Civil Misc. Application No.1/2019:-
For the reasons stated in the application delay in filing the appeal is condoned.
The application is allowed.
Special Appeal (Writ) No. 246/2019:-
Vide impugned order dated 24.08.2018 mandamus has been issued to the appellant to reimburse the respondent's full amount of bill seeking reimbursement raised by her.
Bill was in sum of ₹2,15,450/- out of which ₹1,30,450/- was paid. Remaining has been directed to be reimbursed as per the impugned order.
Concededly, the respondent being the wife of Late Hansraj Bhansali, an employee of the State of Rajasthan, suffered cardiac arrest and was admitted at MDM Hospital, which is a government hospital. The Cardiologist advised Angioplasty for which PTCA Stents and PTCA bulbs were required. In the medical store of the hospital the Stents and the Bulbs were not available. The Stents and the Bulbs were also not available in the government authorized medical store. The respondent was forced to purchase the Stents and the Bulbs from the market. In support thereof the Non Availability Certificate issued by the authorized medical store as well as expenditure of total bills duly signed by the Professor & Unit Incharge of Cardiology Department, MDM Hospital, Jodhpur were submitted with the bills. The bills were clear as per the approved rate of the State Government.
The view taken by the learned Single Judge is that if the Stents and the Bulbs were not available at the Government authorized medical stores the rates prescribed by the government would not bind the respondent who was compelled to purchase the Stents and the Bulbs from the open market.
Contention in the appeal is that Rules have been framed. The entitlement for reimbursement has to be as per the Rules.
The contention overlooks the fact that as per the Rules and the Schemes framed by the Government if a patient under the scheme is admitted at a government hospital it is the duty of the government hospital to provide all equipment. If at the government hospital a consumable item is not available, then the government has to be ensure that the same is available at the government authorized medical store. If it is not available there then the beneficiary is left with no opinion other than to purchase from the open market.
We find no merit in the appeal which is dismissed.