N.C. Kochhar, J.@mdashThe petitioner is working as Male Nurse Gr.II at Primary Health Centre, Sirsi District Jaipur. His wife Smt. Mithlesh
Gupta fell sick and was examined by Dr. Hemant Malhotra, who was of the view that she was suffering from Chronic Myeloid Leckamie disease
and was advised for being given injection Interferon A Chemotheraphy which was essential for treatment. The injections are very costly and the
petitioner sent a letter to the Chief Medical and Health Officer for giving him advance amount for the purpose of purchasing the injections
abovesaid and other medicines which are essential for the treatment of his wife as advised by the treating doctor. On receipt of the said letter, the
Medical and Health Department of the State of Rajasthan (the respondent No. 1) wrote to the Financial Advisor of the department vide letter
dated 8.11.1994 (Annx. 1) to forward the opinion of the medical board along with the letter sent by the petitioner. Vide order dated 9.12.1994
medical board consisting of Dr. Kunal Kothari, Professor of Medicine, Dr. Hemant Malhotra, Assistant Professor of Medicine and Dr. Sandeep
Jain, Assistant Professor of R.Therapy was constituted and after examination the members of the board opined that the wife of the petitioner was
suffering from Chronic Myeloid Leukemia (CML) and recommended that she should receive injections Interferon A Chemotherapy and the cost of
such treatment is approximately Rs. 20000/- per month and the treatment was to be continued at least for 12 months. After receipt of this opinion,
the petitioner''s wife was referred to the All India Institute of Medical Sciences, New Delhi (the Institute) for opinion and guidance for her
treatment by the Principal of the SMS Medical College, Jaipur (respondent No. 2) and vide letter dated 5.1.1995 (Annx. 5) the information was
forwarded by the Institute with the recommendations that the matter be refereed to the Tata Memorial Hospital, Bombay and, in the meanwhile,
the treatment should be continued at Jaipur and the interferon treatment would cost Rs. 2 to 2.40 lakhs for a year. The wife of the petitioner was
taken to the Tata Memorial Hospital in Bombay, who vide letter dated 8.2.1995 (Annx. 6) wrote to the respondent No. 2 that it was diagnosed
that the wife of the petitioner was suffering from Chronic Myeloid Leukemia and it was recommended that she should be given injections Intron 3
million units so daily for six months. Another medical Board consisting of Dr. V.S. Baldwa, Professor and Head of the Department of Medicine,
Dr. P.K. Wanchoo, Professor and Head of Department of Surgery Kand Dr. Nilima Dhar, Professor and Head of Department of Pathology was
constituted vide order dated 16.2.l''995 (Annx. 9) and the Board submitted its report (Annx. 10) recommending that wife of the petitioner should
be administered injections Interferon A Chemotherapy and the cost thereof was approximately Rs. 2,36,880/- for her treatment for six months
which was the minimum period of treatment according to the opinion of the medical Board. Thereafter, correspondence has continued but no
amount has been sanctioned to the petitioner, who is entitled to free medical treatment in accordance with the Rajasthan Civil Services (Medical
Attendance) Rules, 1958. The petitioner finding no way out, has approached this Court by filling this writ petition.
2. The notice of the writ petition was served on the respondents, but no reply has been filed.
3. The facts mentioned above show that the wife of the petitioner has been ailing from serious disease and lot of expenditure is required to be made
for her treatment and further that the petitioner is entitled to get that treatment free of cost. According to the reports of the various medical experts
including the two medical Boards constituted, the treatment would be costing about Rs. 2,40,000/-. Considering the financial position of the
petitioner, who is only a Male Nurse Gr.II, it is necessary that the advance amount be given to him to meet the expenses of the treatment of his
wife and if no immediate steps are taken, the entire purpose of the treatment would be defeated. It is surprising that the authorities, in spite of the
opinions of the experts and the Medical Boards and of the Institute of All India Medical Science, New Delhi and the Tata Memorial Hospital,
Bombay, have not cared to provide the advance amount for meeting the expenses of the treatment of the wife of the petitioner.
4. In my view, the matter cannot be allowed to be delayed any further and consequently, while allowing the writ petition, it is directed that the
respondent No. 1 should immediately and not later than a week from today make available to the petitioner a sum of Rs. 2,40,000/- (Rupees two
lakhs forty thousand only) by way of advance for meeting the expenses of treatment of his wife- Smt. Mithlesh Gupta. Since the matter, which
required urgent attention, has been delayed and the petitioner had to approach this Court because of the inaction on the part of the authorities
concerned, it is directed that the respondent No. 1 should also pay to the petitioner a sum of Rs. 5,000/- by way of costs of and incidental to this
writ petition.
5. A copy of this order should immediately be given to the petitioner. Miss Deepa Ajwani, Advocate for the Medical department, should also
communicate this fact to the Secretary of the respondent No. 1 without any delay today itself.
6. The writ petition stands disposed of accordingly.
